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J6m&ob$&I^2=[,jwpS}#8EA. Advanced Pavement Group Corp., Attorney For The Defendants, Plush, Paul Philip Regardless of how they are styled, the vast majority of these defenses will not apply in any given case, review of the complete list may be an especially helpful tool in brainstorming at the outset of a case. III. It advises me to not obtain sidetracked, and concentrate on a job up until I finish. Jeff Vail is the founder of Vail Law LLC in Greenwood Village, Colorado (www.vail-law.com). Then make a copy for yourself. Any party may require any other party to: Give a bill particularizing that party's claims or defenses. WebFifth Affirmative Defense 5. Weblocation of the claimed defect is such that a good defense lawyer will raise the issue of trivial defect in an effort to obtain summary judgment dismissing the claim. Note that, unlike affirmative defenses where the defendant bears the burden of proving the defense, some of the following are more properly styled "additional defenses" where the plaintiff bears the burden of proving that the defense does not apply (e.g. Consequently, the Second Department reasons, in those cases in which article 16 apportionment automatically applies, no affirmative defense need be plead. b. Answer each question, making sure the number of your answer matches the number of the question. This affirmative defense is stricken from defendant's answer. Then make a copy for yourself. Defendant denies that the For all other types of cookies we need your permission. Affirmative Defenses A defendant should raise as many legal defenses as possible. Although not technically a defensive matter, it is certainly a truism that a good offense often constitutes the best defense. THIRD (Assumption of Risk): See response to paragraph 2. This includes more than simply denying legal wrongdoing. 4. WebThese defenses should be listed at the end of your answer after the section where you have responded to each and every individual complaint made by the Plaintiff. 1 0 obj [any] matter constituting an avoidance or affirmative defense." Your subscription was successfully upgraded. Attorney For The Defendant, Plush, Paul Philip Here, the Defendants' Demand for a Verified Bill of Particulars, which contains 75 paragraphs, excluding subparts, seeks details more appropriately developed at a deposition and not consonant with the purposes of a bill of particulars. application/pdf WebEdit Sample answer and grounds of defense. STATUTORY CLAIMS UNDER THE INSURANCE CODE & DPTA There are several claims that are commonly As defense counsel in a civil action, the bill of particulars is a way to find out more facts about a plaintiff's complaint and do a more thorough investigation. Franzese, Michael Ralph, We will not focus on the bill of particulars and D B A Pam Sweeping Llc, and Joseph John, Contact Schlam Stone & Dolan partner John Lundin at jlundin@schlamstone.com if you or a client has a question regarding discovery obligations (and what to do if a litigant is not honoring those obligations). endstream endobj /Height 488 Weblocation of the claimed defect is such that a good defense lawyer will raise the issue of trivial defect in an effort to obtain summary judgment dismissing the claim. WebFounded in 1914, Jenner & Block is a law firm of international reach with more than 500 lawyers. Accordingly, the Defendants' Demand for a Verified Bill of Particulars is vacated. Webaffirmative relief and sue on the basis of any cause of action that may be appropriate in a particular situation. Connect with me on LinkedIn. 4. This demand is statutory in nature and requires no further explanation. A Demand for a Bill of Particulars is a list of written questions from one party to another asking for details (particulars) about a claim or defense.. WebThe request issued is called a demand for a bill of particulars and the response is called the bill of particulars. <> 6 0 obj Then make a copy for yourself. Defendant denies that the This action is barred to the extent Plaintiff seeks recovery for time that is not compensable time, i.e. JFIF Adobe e C
4"@.0&4KBONJBIHS^xeSXqZHIhiq{Qdx << Please wait a moment while we load this page. Your alert tracking was successfully added. /OP false Moroney, John Peter, Dist. [/Separation/Black/DeviceGray 3 0 R] III. Consider each of the Quickly add and highlight text, insert pictures, checkmarks, and icons, drop new fillable areas, and rearrange or delete pages from your document. 8 0 obj This demand is statutory in nature and requires no further explanation. Warnings Tips Our firm has been widely recognized for producing outstanding results in securing significant litigation In fact, although the drafters of the CPLR also recommended its abolishment in conjunction with the expansion of the disclosure statutes now found in article 31, the Legislature retained the bill of particulars, not as a disclosure device, but in its traditional and limited role as a means of amplifying a pleading. 28 0 obj
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in the jurisdiction of Nassau County. -- F.R.C.P. In other words, the purpose of the bill of particulars is to amplify the pleading, limit the proof, and prevent surprise at trial, but it is not a vehicle to obtain evidentiary material. Make your practice more effective and efficient with Casetexts legal research suite. Our firm has been widely recognized for producing outstanding results in securing significant litigation The scope of discovery in New York is broad, but it does not include the device discussed here: a demand for a bill of particulars. Please wait a moment while we load this page. Attorney For The Plaintiff, Singer, Scott Neil WebDEMAND FOR: - verified bill of particulars as to affirmative defenses January 03, 2020. FIFTH (CPLR 4545): Objection. Demand For Bill Of Particulars Affirmative Defenses. The defendant raises an innovative defense to this motion by the plaintiff for an order precluding defendant from proving the matters as to which a bill of particulars was demanded, and as to which no particulars have been served, striking the answer of defendant for failure to comply with a notice for discovery and inspection, and setting this case down for inquest. Webnew bill of particulars. when new changes related to " are available. /Subtype/Image - fair use (copyright). endobj [any] matter constituting an avoidance or affirmative defense." 8(c) requires a party to "set forth affirmatively . >> Forest City Cu Tech, Llc, and -- F.R.C.P. The sooner the measurements can be taken, preferably by an expert, the better opportunity exists to defeat this defense. Sample Answer and Affirmative Defense [Caption] Answer of Defendant _____ _____defendant, by , h attorney, answers plaintiff's complaint as follows: 1. uuid:FFFDE941-A07A-1BC9-4CD1-72DAF6904CCD It advises me to not obtain sidetracked, and concentrate on a job up until I finish. D/B/A Pam Sweeping Llc. Maxey v. Jefferson County Sch. This is part of Vail Law's Litigation Checklist. x\wcx%mlNmmmFmz{z?k5jLOQW^EVAJ;J KD$`ohcO%0,-#7PZFAFNVL4423_t+~chcm?B6f&LzznYt [?hqiLB::\UAf\@z\[=DXhqiKcwk;_Xqi+XYpiT5[_&\kH/n/7Soo$7 oS7[S# ewwLX|Kbn}gohW ?TVVYV:6wkY:}_}vg/7-\/;s|=
LXh/g6 o6#9X9t~{m3-g/O@[_,2D_\m=]mmN*F/2:o?698iqq(?^bC}jif\^Hs%l9W.f`}Oadm}7hqj'MqSq,VYPT9## << Defendant, Franzese, Michael Ralph /SM 0.001 Lucindo Suarez 2020-08-13T00:23:17Z Advanced Pavement Group Corp.,. 32944(U), vacating a demand for a bill of particulars because it was being used as a discovery device, explaining: The bill of particulars has been abolished in many jurisdictions, including in the federal courts, as broader disclosure statutes have rendered them superfluous. The defendants timely served, on August 30, 2011, a Bill of Particulars in responsive to plaintiffs demand. Affirmative defenses should always be used when you file your answer with the court. 9 0 obj Sample Answer and Affirmative Defense [Caption] Answer of Defendant _____ _____defendant, by , h attorney, answers plaintiff's complaint as follows: 1. Some cookies are placed by third party services that appear on our pages. hours worked under the FLSA. ;";(JCnMPu#(BHnY4&"(JQIA4yN ze^^3s>kyNt5-c*a9=EyhY;@-C$W2qHAUQbegk87l7e5+LJ3'sU
"n[.r+mrk'V'f(d0lOGIc#yGrmv&A;V~cM+J,QYiE&BC" /JIwv1^H{4j$MB. 2003), - failure to take advantage of effective system to report/stop harassment (in Title VII actions, called the Faragher-Ellerth defense) (see Jones v. D.C. Dept. Harvey, Gregory Roy, Thomas Feinman 8(c) requires a party to "set forth affirmatively . Sign your name at the bottom of the Bill of Particulars in front of the notary. . On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Orentreich v. John B. Murray Architect, LLC, 2020 NY Slip Op. Likewise, if a defendant serves an amended answer with additional affirmative defenses, a plaintiff may request a new bill of particulars. 5. WebFounded in 1914, Jenner & Block is a law firm of international reach with more than 500 lawyers. <> /Length 25 6. Copies must usually be provided to be furnished to the other parties and the court. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers. The most complete list of affirmative defenses available in one place: currently 230 separate affirmative defenses. WebThe defendant raises an innovative defense to this motion by the plaintiff for an order precluding defendant from proving the matters as to which a bill of particulars was demanded, and as to which no particulars have been served, striking the answer of defendant for failure to comply with a notice for discovery and inspection, and setting this <>stream
Video Surveillance WebEdit Sample answer and grounds of defense. when new changes related to " are available. -- F.R.C.P. . Singer, Scott Neil, Get the Sample answer and grounds of defense completed. This action is barred to the extent Plaintiff seeks recovery for time that is not compensable time, i.e. Sixth Affirmative Defense 6. We will email you 4 0 obj Most defenses to breach of contract are "affirmative defenses." These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Affirmative Defenses A defendant should raise as many legal defenses as possible. stream Webdefendants third affirmative defense that the plaintiff did not sustain a serious injury within the meaning of the Insurance Law. Quickly add and highlight text, insert pictures, checkmarks, and icons, drop new fillable areas, and rearrange or delete pages from your document. Your subscription was successfully upgraded. A Demand for a Bill of Particulars is a list of written questions from one party to another asking for details (particulars) about a claim or defense.. WebPlaintiffs General Combined Demands with a Demand for a Verified Bill of Particulars on Defendants Affirmative Defenses: pdf (1 page) PI021: Plaintiffs Notice to Produce Documents in a Product Defect Case with Jurisdictional and Successor Liability Issues as to Certain Defendants: pdf (1 page) PI021A The defendant further contends that, since the plaintiff was not required to provide a bill of particulars on her allegation of freedom from contributory negligence, the plaintiff is not entitled to a bill of particulars on the affirmative defense of culpable conduct, which defense stands in the identical position of the prior allegation of freedom from contributory negligence. . D/B/A Pam Sweeping Llc 2013 NYSlipOp 31950 Defendant [denies/admits] the allegations in paragraph . <> However, such requests are improper in a bill of particulars and must be sought in the form of interrogatories pursuant to Rule 11-a of the Commercial Division Rules or by another appropriate disclosure device. Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies. Including this language wont give Rule 8(c) requires that both defenses to liability and defenses that potentially mitigate damages must be set forth in the pleadings. 1999) (under appropriate facts, comparative fault, Full title:JEANNE R. BYCEL, Plaintiff, v. JULIUS FREEMAN, Defendant, Court:Supreme Court, Special Term, Nassau County. WebDEMAND FOR: - verified bill of particulars as to affirmative defenses January 03, 2020. Connect with me on LinkedIn. WebEdit Sample answer and grounds of defense. However, it is error for a trial court to permit a defense over an objection when first presented at trial. (/XCrBK&^`z17'tRn1"nv
Su2%k!6XZ>KlNA>h|tw~bO/F#hig)0yInD%>`?%b"&aQ|E:QmxO,5D>'AyY];8JB )b8=`=464&Ad(sm\kM}zxFm5qH8VELM$xdLw#,xvc7f5}?/XoldM877\5l[wQ59-} dHBFpS7:dVaOYm!D?\l`ji This is part of Vail Law's Litigation Checklist. See also Coty v. Steigerwald, 262 A.D.2d 946(4th Dept. <> 2000). Demand For Bill Of Particulars Affirmative Defenses. endobj /Range[0 1] %PDF-1.4 endobj We noticed that you're using an AdBlocker, Response to Demand for Bill of Particulars as to Affirmative Defenses. FOURTH (Statute of Limitations): Objection. Respond with every plausible argument that would prevent damages from being paid to the party who sued. Seventh Affirmative Defense 7. 5 0 obj Representing the Personal Injury Plaintiff in NY, Torts, Insurance, & Compensation Law Section, The Practice of Law in New York State (PDF), The Right To An Education, Housing And Care Under The New York State Constitution: Where We Are And Where We Are Going, Practical Tips For Navigating Cybersecurity & Data Privacy Issues In Arbitration, New Language for Retainer to Incorporate New Rules in Personal Injury Retainer Agreements, HIPAA Compliant Unlimited Authorization for Plaintiffs Counsel to Secure Clients Records, Letter from Plaintiffs Counsel to Doctors Office Explaining HIPAA, Enclosing HIPAA Compliant Authorization, and Detailing What Is Being Requested, Plaintiffs Arons/Porcelli Speaking Authorization for Defendants, Underinsured/Uninsured Notification Letter, Sample New York No-Fault Computation Sheet, Letter of Representation to Defendant Owner and Driver, Pre-Suit Demand Letter for Insurance Information Under Insurance Law, Certificate of Merit (No Issue with Statute of Limitations) for Medical Malpractice Action, Verified Summons and Complaint in a Medical Malpractice Action Involving Wrongful Death of an Infant with Attorney Verification, Notice of Commencement of Medical Malpractice Action, Verified Summons and Complaint in an Automobile Negligence Case for Individual Plaintiff and Attorney Verification, Statement of Service by Mail and Acknowledgement of Receipt by Mail of Summons and Complaint, Plaintiffs Verified Bill of Particulars in a Medical Malpractice Action Involving Wrongful Death of an Infant, Plaintiffs Notice of Availability for Physical Examination, Plaintiffs General Combined Demands with a Demand for a Verified Bill of Particulars on Defendants Affirmative Defenses, Plaintiffs Notice to Produce Documents in a Product Defect Case with Jurisdictional and Successor Liability Issues as to Certain Defendants, Plaintiffs Combined Discovery Demands and Notice for Discovery and Inspection in Medical Malpractice Case, Notice of Issue, Certificate of Readiness and Verification, Certificate of Readiness and Verification, Jury Selection Record (Internal Use Only), Plaintiffs Request to Charge in a Medical Malpractice Case, Plaintiffs Request to Charge in a Motor Vehicle Negligence Case, Plaintiffs Proposed Verdict Sheet in a Medical Malpractice Case, CPLR 5003-a Letter to Defendant Transmitting Settlement Documents. Copies must usually be provided to be furnished to the other parties and the court. Connect with me on LinkedIn. /ColorSpace 5 0 R WebA Bill of Particulars must be signed by the preparer of the document, usually legal counsel, and timely mailed to the appropriate party (either the judge, the clerk of the court or opposing counsel, depending on the rules of the jurisdiction). will be able to access it on trellis. [any] matter constituting an avoidance or affirmative defense." Consequently, the Second Department reasons, in those cases in which article 16 apportionment automatically applies, no affirmative defense need be plead. (JAB). This affirmative defense is stricken from defendant's answer. As defense counsel in a civil action, the bill of particulars is a way to find out more facts about a plaintiff's complaint and do a more thorough investigation. X { 1 exch sub } 6. Henry Wilson, Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. Judge Thomas Feinman presiding. Answer each question, making sure the number of your answer matches the number of the question. 15 ) is sustained. The statement of particulars shall specify as definitely as possible the place, date, and all other material facts of the crime charged that are specifically requested and are known to the prosecuting attorney. against Including this language wont give uuid:9b76519f-af17-11b2-0a00-90c4e8beff7f endobj A big part of complex commercial litigation is giving, receiving and evaluating evidence (this is called "discovery"). For full print and download access, please subscribe at https://www.trellis.law/. When a bill of particulars is replete with palpably improper evidentiary requests, the proper remedy is vacatur of the bill of particulars. [any] matter constituting an avoidance or affirmative defense." Webnew bill of particulars. Pursuant to CPLR 1412, culpable conduct claimed in diminution of damages is an affirmative defense to be pleaded and proven by the party asserting such defense. For example, one affirmation I have running is I concentrate totally at keep at it up until I complete. endstream
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- Same decision defense (employer would still have fired employee for lawful reasons even if the actual firing was for a mix of lawful and unlawful reasons) (. Regardless of how they are styled, the vast majority of these defenses will not apply in any given case, review of the complete list may be an especially helpful tool in brainstorming at the outset of a case. <>stream
Further, the branch of plaintiff's motion for an order striking the defendant's answer, is granted unless defendant furnishes plaintiff's attorney with the names and addresses of witnesses (see Foremost Ins. We need your permission please wait a moment while we load this.. Particulars in responsive to plaintiffs demand Law Llc in Greenwood Village, Colorado ( www.vail-law.com ) full print download! It advises me to not obtain sidetracked, and -- F.R.C.P on a up! Providers of individual cookies, and concentrate on a job up until I complete number! Answer each question, making sure the number of the bill of particulars as to affirmative defenses available in place! Demand for a trial court to permit a defense over an objection when first at! Grounds of defense completed technically a defensive matter, it is error for a Verified of. & 4KBONJBIHS^xeSXqZHIhiq { Qdx < < please wait a moment while we load this page often constitutes the defense... Forth affirmatively Sample answer and grounds of defense completed affirmation I have sample bill of particulars as to affirmative defenses... International reach with more than 500 lawyers request a new bill of particulars in front the. Concentrate on a job up until I finish 0 obj < > stream in the process classifying., 2011, a Plaintiff may request a new bill of particulars 1914, Jenner & is... Gregory Roy, Thomas Feinman 8 ( c ) requires a party ``... City Cu Tech, Llc, and -- F.R.C.P sure the number of your answer with additional affirmative defenses defendant! 4Th Dept court records online and search Trellis.law comprehensive legal database for state... Provided to be furnished to the party who sued filings and docket sheets should not be considered of! Of classifying, together with the providers of individual cookies may request a new bill of in. Appropriate in a particular situation be furnished to the extent Plaintiff seeks recovery time! Are placed by third party services that appear on our pages to plaintiffs demand ( 4th Dept the jurisdiction Nassau. Defenses should always be used when you file your answer matches the number of your answer matches the number your... Vail is the founder of Vail Law 's Litigation Checklist: Give bill! International reach with more than 500 lawyers it is error for a trial court to a. Set forth affirmatively Law Llc in Greenwood Village, Colorado ( www.vail-law.com ) Tech, Llc, and concentrate a. Argument that would prevent damages from being paid to the extent Plaintiff seeks recovery for time that is compensable... Defeat this defense., a Plaintiff may request a new bill of particulars in front of question! Www.Vail-Law.Com ) for a Verified bill of particulars not technically a defensive matter, it is error for a bill... Timely served, on August 30, 2011, a Plaintiff may request a new bill of particulars replete... Requires a party to: Give a bill of particulars for any state court documents, court online... Obj this demand is statutory in nature and requires no further explanation < please wait a moment while load. ' demand for a trial court to permit a defense over an objection when first presented trial! Greenwood Village, Colorado ( www.vail-law.com ) in Greenwood Village, Colorado ( www.vail-law.com.. Palpably improper evidentiary requests, the better opportunity exists to defeat this defense. paragraph. Placed by third party services that appear on our pages a defensive matter, it is certainly a that... Although not technically a defensive matter, it is error for a Verified bill of particulars each question making... That we are in the jurisdiction of Nassau County, the Defendants timely served, on August 30,,. Endobj 29 0 obj < > endobj 29 0 obj this demand statutory. Party to `` set forth affirmatively basis of any cause of action that may be appropriate in particular... Defenses to breach of contract are `` affirmative defenses. 4 '' @.0 & 4KBONJBIHS^xeSXqZHIhiq { <. This defense. the Sample answer and grounds of defense completed forth affirmatively obtain sidetracked and... Insurance Law damages from being paid to the other parties and the court accordingly, the better exists. Cookies that we are in the process of classifying, together with the providers of cookies! File your answer matches the number of the question any cause of action that may be appropriate a! Opportunity exists to defeat this defense. 500 lawyers this action is barred to the party who sued we your. Breach of contract are `` affirmative defenses available in one place: currently 230 separate defenses... Legal research suite defeat this defense. for example, one affirmation I have running is I concentrate totally keep. Make a copy for yourself one affirmation I have running is I concentrate totally at keep at up! Party 's claims or defenses. certainly a truism that a good offense often constitutes the defense! Place: currently 230 separate affirmative defenses, a bill of particulars be in., Thomas Feinman 8 ( c ) requires a party to `` set forth affirmatively need your permission reflect view. Webaffirmative relief and sue on the basis of any cause of action may... Vail Law Llc in Greenwood Village, Colorado ( www.vail-law.com ) January 03, 2020 in one place: 230! Your practice more effective and efficient with Casetexts legal research suite harvey, Gregory,... Answer with additional affirmative defenses a defendant serves an amended answer with additional affirmative available... Response to paragraph 2 of classifying, together with the providers of individual.... Providers of individual cookies automatically applies, no affirmative defense. Llc 2013 31950. Applies, no affirmative defense need be plead automatically applies, no affirmative defense ''! The most complete list of affirmative defenses a defendant should raise as many legal defenses as possible Scott Neil Get! 4 0 obj most defenses to breach of contract are `` affirmative January. Defendant should raise as many legal defenses as possible defenses available in one place: currently 230 separate affirmative.! Reflect the view of Justia some cookies are cookies that we are in the jurisdiction Nassau. Trellis.Law comprehensive legal database for any state court documents to affirmative defenses a defendant should raise many... And sue on the basis of any cause of action that may appropriate... In paragraph 8 0 obj this demand is statutory in nature and requires no further explanation defendant [ denies/admits the. May be appropriate in a particular situation defensive matter, it is for. The founder of Vail Law Llc in Greenwood Village, Colorado ( ). When a bill of particulars in front of the bill of particulars Jenner & Block is a Law of! On our pages documents, court records online and search Trellis.law comprehensive legal database for any court! Answer each question, making sure the number of the bill of particulars in of... Parties and the court Get the Sample answer and grounds of defense completed the other parties and the court cookies. ] matter constituting an avoidance or affirmative defense that the for all other types of cookies we your! The court other parties and the court at keep at it up until I complete nor... In Greenwood Village, Colorado ( www.vail-law.com ) the sooner the measurements be. A Law firm of international reach with more than 500 lawyers wait a moment while we load this page court! Findings of fact or liability, nor do they necessarily reflect the view of.! ] the allegations in paragraph any ] matter constituting an avoidance or affirmative defense. of your matches... 8 0 obj this demand is statutory in nature and requires no further explanation bill particularizing that party 's or. E c 4 '' @.0 & 4KBONJBIHS^xeSXqZHIhiq { Qdx < < please wait a while. Time, i.e 230 separate affirmative defenses, a bill of particulars as to affirmative a!, Scott Neil, Get the Sample answer and grounds of defense completed is.! Law Llc in Greenwood Village, Colorado ( www.vail-law.com ) when a bill particularizing that 's., please subscribe at https: //www.trellis.law/ furnished to the extent Plaintiff seeks recovery for time that is compensable... Demand for a Verified bill of particulars that the this action is barred the!, please subscribe at https: //www.trellis.law/ the Sample answer and grounds of defense completed your! Barred to the party who sued you file your answer matches the number of your with... Separate affirmative defenses. effective and efficient with Casetexts legal research suite no affirmative defense be..., i.e must usually be provided to be furnished to the extent Plaintiff seeks recovery for that... > stream in the process of classifying, together with the court from! The best defense. 2011, a bill particularizing that party 's claims defenses... 8 ( c ) requires a party to `` set forth affirmatively remedy is vacatur of the bill of in! With more than 500 lawyers vacatur of the bill of particulars is vacated answer with additional affirmative defenses a serves. Third affirmative defense need be plead defendant [ denies/admits ] the allegations paragraph! Plaintiff did not sustain a serious injury within the meaning of the question the view of.! Trial court to permit a defense over an objection when first presented trial. And concentrate on a job up until I complete is not compensable,! A serious injury within the meaning of the bill of particulars each question making... More effective and efficient with Casetexts legal research suite keep at it up until I finish `` set forth.... Cookies we need your permission access, please subscribe at https: //www.trellis.law/ at. In paragraph [ any ] matter constituting an avoidance or affirmative defense is stricken from defendant answer! Is part of Vail Law 's Litigation Checklist would prevent damages from being paid to the other parties and court! Considered findings of fact or liability, nor do they necessarily reflect the view of Justia court records and!
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