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J. Burton Hunter III & Associates, PLLC.

J. Burton Hunter III & Associates, PLLC.
The Framework for West Virginia Civil Litigation Click here to learn more about my areas of practice: https://hunterlawfirm.net/practice-areas?utm_source=YouTube&utm_medium=Video&utm_campaign=HunterVideos For more information, or free consultation, click here and contact us. https://hunterlawfirm.net/contact/?utm_source=YouTube&utm_medium=Video&utm_campaign=HunterVideos What are some examples of civil lawsuits? How are they filed and pursued? What are the rules and standards? Civil lawsuits can be personal injury claims, medical malpractice claims, claims against an employer under West Virginia’s deliberate intent law for intentionally creating an unsafe work space resulting in injury. It can be a dispute over a long neglected right of way, a boundary line dispute, or a dispute over whether undo influence over an elderly relative to sign a deed or will. Or whether that person had the mental capacity. Each one of those has their own criteria that have to be met successfully to prosecute or defend them. The person who filed the suit is the plaintiff and they have the burden of proof in most situations. The person who is sued is called the defendant. It’s an adversary system, it was derived from the common law. There will be a discovery schedule set with a scheduling conference often attended by telephone. The court will issue it’s various deadlines, when discovery is open, when it has to be concluded, when any dispositive motion’s need to be filed and when they need to be argued, pre-trial conferences, jury selection and when the jury trial will be scheduled. Or whether they’ll be a waiver and a bench trial. There’s a thing called motion practice if you read the other side complain and can honestly say “so what”, even if all those things happened the way they’ve alleged them, it won’t give them a cost of action. And it’s possible over The Family Court side, you can ask for a modification of the courts parenting plan or find an order, but if you don’t give a substantial material reason, it could be thrown out. Or if you’ve been ordered by the court to go to mediation first and you haven’t, it could be thrown out. I’ve got cases pending were each side is asking to win against the other side without having to have a trial. It’s very important to draft your pleading pleadings carefully. Which is are we in the right court? Venue, are we in the right place? And the other factors that have to be included in a civil complaint. At pre-trial conference where we argue about jury instructions. We have to have already disclosed our witnesses, including our experts specific opinions in depositions. Expert witnesses are called to appear before a court reporter, usually with a video running, to answer questions and basically have their feet nailed to the floor, carefully, by a good and skilled trial lawyer. If they testify differently at trial they can be impeached. You organize all that information, identifying your witnesses and your exhibits. One side presents their evidence and their witnesses get cross examined. Sometimes at the conclusion of that, the defense will move to dismiss the case, because the other side had not proved his case. And the judge will usually deny that if they remain genuine issues a material fact where the jury could theoretically find for the other side even if it’s been a fairly weak presentation. The Defense comes forward and pushes their case and there’s cross examination of those witnesses. At that point, one side or the other might ask the court to direct the jury to rule in a certain way. If not, then if it’s appealed, it goes to the West Virginia supreme court of appeal. The jury will go and deliberate and the jury will be six of your peers having been window down from perhaps a panel of 30 to 60 people. I assure you that those people work very hard they do their very best to understand. It’s one of our fundamental rights, it’s one of the Bill of Rights. It’s just as important, perhaps more than the second amendment, which talks about states rights to maintain militias and the jury is at the heart of giving the little guy a fighting chance against power and so it’s a very sacred and solemn thing. Anyone who goes through a while tried case, especially one that had merit on both sides and was a close call, will come out of there with renewed respect for lawyers, and litigants, and judges and the system. Our civil justice system, often only allows you to recover is money, sometimes a restraining order, but right now it’s the best we have and it’s perhaps the best in the world. And I’m part of it and I’m proud to be part of it. Click here to learn more: https://hunterlawfirm.net/practice-areas?utm_source=YouTube&utm_medium=Video&utm_campaign=HunterVideos For more information, or free consultation, click here and contact us. https://hunterlawfirm.net/contact/?utm_source=YouTube&utm_medium=Video&utm_campaign=HunterVideos
The Framework for West Virginia Civil Litigation
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If you want more information on Domestic Violence in WV or need help, click here https://hunterlawfirm.net/practice-areas/family-law/domestic-violence/?utm_source=YouTube&utm_medium=Video&utm_campaign=HunterVideos For more information, or free consultation, click here and contact us. https://hunterlawfirm.net/contact/?utm_source=YouTube&utm_medium=Video&utm_campaign=HunterVideos West Virginia has a domestic violence statute permitting restraining orders, but there's much more to it than that. Now, I’m going to talk about the domestic violence statute. It’s got five components. Domestic violence is inflicting harm upon another person intentionally or threatening to inflict harm. I don’t know which ones fit into, but harming the family pet, threatening to harm family pet, damaging or destroying property in the presence of the victim. All of these things can be found to be domestic violence, mostly because they put the person under threat that their next, that they’re going to be harmed. So it can be somewhat subtle, blocking a person so they cannot move their car out of the driveway or so they cannot get out of the living room. Sexual abuse, obviously and then there’s a sort of a catchall of a combination of behavior that places the other person’s health or safety at risk, such as bothering someone constantly. That Bill needs a lawsuit pending, either a divorce action, contempt modification, an allocation of parental rights, which used to be called paternity suit, there has to be a case pending. But in regards to the domestic violence, it is the case, it’s not a criminal charge, it’s a quasi criminal, because once it’s in effect, a direct violation of it can end up resulting in incarceration. If the person is there at the house of a victim, after the order has been entered, the police are definitely authorized to arrest at that point. If you’ve got one of those things, you still probably need to call a lawyer, although there are a entities like Hope Inc., what used to be called Women’s Aid in Crisis in Upshur County. And there was a crisis center in Elkins, I trust it’s still there, and they do a good job of guiding a victim through the process, letting them know the essentials of what has to be alleged. However, a lot of domestic violence gets filed when someone’s afraid the other person is going to perhaps withhold the children in a custody fight or something like that. That really is not domestic violence, but it tends to be groomed and put into place. The sad thing is is when someone comes in and are just given the forms and they fill it out and don’t realize what the statute says, so they don’t know how to conform the facts that they’ve got, into a statute. A Domestic violence protective order can be 90 or 180 days, I think I heard recently it could be as much as a year, but it can be renewed if it’s requested and certainly can be re-issued if additional behavior takes place. I believe that once the order is in place forbidding any contact between the two parties, that a reaching out by the victim in an effort to get the accused person to respond, is contempt of court for trying to cause a violation of the order. She respectfully disagree with me, but I think there’s plenty of logic for that and I’ve had this time and again where once they’ve got my client in the place and put him in his place, then they text him and reach out to him and calling him names or calling him out for not sending child support sort of defeating their claim that they’re terrified of this evil person. But try to get my clients not to respond to such things. These days, if my client is facing criminal charges on the same set of facts, say a domestic assault or battery, I will either try to continue the case or even have my client go ahead and allow the order to be entered against him. In one case, there’s a pregnancy, but there’s no baby, there’s no visitation contract in place and in that particular instance, discretion being the better part of valor, it was just better to allow the ordered to be entered. Once the case concludes, the person’s right to have access and ownership of firearms is restored, the Domestic violence criminal conviction, a misdemeanor with the incarceration of up to one year as a possible penalty, that’s permanent and you lose your gun rights after that Permanently. That’s the one that probably has to be contested and the dice roll to see if they can carry this burden. I don’t defend those criminal cases anymore, but I do collaborate with a persons criminal defense lawyer. That’s the end of the subject domestic violence give us a call if you have questions or click here: https://hunterlawfirm.net/practice-areas/family-law/domestic-violence/?utm_source=YouTube&utm_medium=Video&utm_campaign=HunterVideos For more information, or free consultation, click here and contact us. https://hunterlawfirm.net/contact/?utm_source=YouTube&utm_medium=Video&utm_campaign=HunterVideos
Domestic Violence in West Virginia; the Framework
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Family Courts MUST be able to restraining asinine and potentially dangerous behavior of litigants even before it rises to the level of domestic violence. This is the story of how that law came to be.
The WV Family Law Restraining Order Statute: WV Code 51-2A-2a, by its co-author
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Your former spouse or partner ignores the final order constantly, or sues you for contempt? What next?
The WV Family Court Contempt Process
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What are the standards and procedures for modifying a WV family law final decree? For more information and a comprehensive look at Family Law in WV Click Here: https://hunterlawfirm.net/family-law-in-wv-a-deep-dive/?utm_source=YouTube&utm_medium=Video&utm_campaign=HunterVideos For a free consultation, click here and contact us. https://hunterlawfirm.net/contact/?utm_source=YouTube&utm_medium=Video&utm_campaign=HunterVideos Modification of Family Law Orders I mentioned in my introductory video that the do it yourself forms that the Supreme Court has has a petition for modification form and there’s a little space you can write about that much why do you want your parenting plan or your custody arrangement changed. We tend to go back over of the parenting plan issues more than any other modification issue. Or somebody wants to move 10 hours away, those are very significant and there’s a statute called a relocation statute. but you do it yourself forms don’t give you a copy of the relocation statute, they just give you a relocation form. The modification form doesn’t tell you what the basic grounds for modification are. There has to be a substantial and material change in circumstances such as the 10 hour mode or something else. Remarriage is not supposed to be a reason, that was used against women with limited incomes, they married some guy and the kids have trouble with the new step down. Now they’re going to petition the court to change that. There are other things that can simply be minor changes that the parties need to work on and I’ll get to that in a moment. But if the parties followed a different parenting plan for over six months, voluntarily, then you can file a petition without a change in circumstances based on the de facto arrangement. Or there’s one called manifestly harmful to the child, the parenting plan is not working as anticipated and therefore it needs to be revised. And a variety of things like that but the substantial material change in circumstances should be an almost every petition. If you don’t draft that properly, I’ll tell you what I do, from the other side is I move to dismiss it for failing to state a cause of action on his face. And that’s one of the revolutionary things I put in my new proposed mediation rules. It says that the parties if they agree to do that will be bound to do that and I have a hand out that explains to people how to enforce their parenting plans and how eventually, if needed, to require the other side to return the mediation. Now I am a great believer in the legal aid, and was the attorney of the year in the county for many years with the attorney did the most legal aid subsidized work. And I learned that legal aid has a policy of not putting a mandatory mediation provision in the parenting plan, even though the supreme court form has a pre-printed and I have been taught that it’s required to have a mechanism listed there. The modification at that point and get served and we serve them in person, although you can do it by mail, I prefer in person, but to give them the opportunity to come down to the sheriffs department. They have 20 days to answer and the court will issue with scheduling order and we will have an initial hearing to see if anything needs to be changed right away. Most of the time the court will not modify at the temporary hearing, but may make adjustments if there’s a distinct change in work schedule or something like that. We can defend, very effectively, petitions to modify, if it’s a move 30-40 minutes away, that does not require a modification of the plan then they get to make that move and that the plan doesn’t get modified. Generally the schooling goes with a parent who is primary residential care. The new statute has done away with the caretaking functions form they used to have to fill out the online would try to follow what you have been doing you and your spouse has been doing for the year prior to separation at the temporary hearing and then look back two years at the final hearing and pretty much do what the parties have been doing on the case. It just depends on how things had existed before that move came up. So those are heartbreaking because you see one person with an opportunity to start a new life somebody else who loves their child and doesn’t want that child leave and those are the worst ones to mediate is very hard to come up with a compromise on a case like that. need to have a good attorney to represent you by offer our services and my expertise in these areas. For more information, or free consultation, click here and contact us. https://hunterlawfirm.net/contact/?utm_source=YouTube&utm_medium=Video&utm_campaign=HunterVideos
Modification of Family Law Orders, Custody, Child Support, and Alimony in West Virginia .
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The nuts and bolts of auto and truck collisions, personal injury claims, fees, settlement amounts, subrogation claims, insurance coverages and much more.
The Framework for a WV Personal Injury Claim
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The framework is not as complex as other areas of WV family law, but we do them and will be happy to chat with you about your situation. 304 472-7477; hunterjb@hunterlawfirm.net; or https://www.hunterlawfirm.net
The Framework for a WV Adoption
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From our "Bunker" while visiting my wife's family in Ct., I dig deeper into essential information in family law, personal injury law, and civil litigation in West Virginia
Introduction to My New WV Legal Video Series
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While everyone is touched by divorce, few understand the structures, rules, and standards of a WV Divorce. Here is my summary and my approach.
The Framework of a WV Divorce
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What can Intellectual Depth and Curiosity Contribute to the Humanity of Legal Representation? For a free consultation, click here and contact us. https://hunterlawfirm.net/contact/?utm_source=YouTube&utm_medium=Video&utm_campaign=HunterVideos “Mr. Hunter I read your book, it goes on a little bit much, at times you are pretty self important, and you sure are opinionated, but I got a Lotta good stuff out of it, thanks” “But then I got to the stuff where you’re writing about the meaning of life, your thoughts about religion, for gosh sakes you wrote your own history of the world, what’s going on?” That’s a good question, part of me was driven to live the life I live.  What’s that mean? A beautiful wife, a life partner, not being lonely, having stability, having children, having grandchildren, and guess what? In spite of all the mistakes I made along the way, I got all those things. My Aunt Lib shared with me her love of nature and gave me a book on natural history. I learned about little one celled creatures, turning into bigger creatures that swim in the seas, crawled out of the seas, got big teeth, got killed in huge earthquakes and floods and astroid crashes, that eventually left a little marsupial size, little mouse size critters that evolved into us, that was absolutely unbelievable. When I listened to the radio and I heard that there were things out there in outer space called astroid belt and I pictured a great big belt with the buckle going around the earth. When I learned the Incredible distances, light years, and I learned that Albert Einstein figured out how did you approach the speed of light time slows down almost to nothing. And at the right speeds you can leave and come back and meet your great grandchildren as old people. And when I learned that this table over here isn’t really here and that on a microscopic and atomic and subatomic level, it’s governed by a whole new system called quantum physics. Or that the vast majority of energy and matter in the world is dark and we can’t see it suck matter into them that are called dark holes. It absolutely blew my mind, so I spent my life time listening to radio shows and watching movies and other things that left for me a great curiosity about the world and why it’s here. And it’s a cradle Methodist, getting a concurrent picture of the world with supernatural beings flying around, angels who don’t seem to be able to reproduce, and don’t do much, but stand there and do the bidding of a God that we never get to see. When I hear that a minister put 500 people together in a church, knowing they were exposing one another to the COVID-19 virus, probably killing some of his parishioners, because of his faith in God. I realize that the world could be insane and that learning rational thought and applying those things to what I do as in my day-to-day job could be helpful. There’s also philosophy, history, biography, and novels. Novels to give insight into peoples lives and into things that people have seen and imagined, it’s absolutely remarkable. And I have fit that into my life having that curiosity I’m happy to share it with you. If you’ve got it figured out, you tell me, because I’m still singing in the choir, I’m still singing to Jesus, I just happen to think what Jesus taught about not judging other people and treating all people honorably, even prostitutes and gay people, and having as many people get married as possible, because we don’t have enough people getting married right now, I believe all those things. And when you need to spend money so people don’t go bankrupt and people don’t starve to death of people come sells out of despair, yeah we probably have to do a little deficit spending. So that’s a little bit about me as a person, but I care about you as my client. I care about you as my client, more than I care about the money you’re going to get me. Let me show you my analogy here. You’re here, we’re here. Our ability to make money and stay viable is important to me, and guess what your children are here, maybe even here. You screw up repeatedly, and you act against what’s best for your children, you’re right Burt Hunter will probably let you go on with somebody else, because I won’t let you hurt your children. And you’re gonna hear it from me, what I think is the right thing and then I’ll listen to you. If you convince me that my insights are a little weak or that you’ve got better insights or you simply got a viable argument for what you wanna do I’m your guy. If you enjoyed this, click her for some of my other thoughts on challenges of the modern world: https://hunterlawfirm.net/burts-response-to-the-challenges-of-the-modern-world/?utm_source=YouTube&utm_medium=Video&utm_campaign=HunterVideos For a free consultation, click here and contact us. https://hunterlawfirm.net/contact/?utm_source=YouTube&utm_medium=Video&utm_campaign=HunterVideos
What can Intellectual Depth and Curiosity Contribute to the Humanity of Legal Representation?
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Lawyers, as an essential service, have an opportunity to keep operating, to catch up on those “important but not urgent” projects, to use redundant technology and a variety of communication tools to get the job done and their employees paid.
Five minutes on how to keep operating in a time of crisis?
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Yes, there are times when you can file a claim or a suit against an employer who causes and injury because of a dangerous workplace. How to find a law firm with “deliberate intent” as a primary focus?
West Virginia’s “Deliberate Intent” law; claims against your employer above Workers’ Comp
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