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The Process of Pre-trial Discovery

Pre-trial Discovery pic
Pre-trial Discovery
Image: localwin.com

As a practicing attorney in Dayton, Ohio, Kyle T. Kirts handles a variety of legal needs. He has more than 15 years of experience handling everything from traffic violations to felonies. Additionally, Kyle Kirts helps clients with the necessary oral preparation and written documentation for trials.

The process known as discovery involves gathering evidence and witnesses needed by the defense and the prosecution in a trial. Both sides have access to the same information to prevent the introduction of surprise testimony or witnesses. The deposition is one frequent element of discovery. Deposition statements are in the form of videotape, transcripts, or both. Both the prosecution and the defense have the right to be present for depositions. These statements are legal substitutes for witnesses who cannot appear in court.

Discovery can also occur through interrogations with written questions that witnesses must answer under oath. Opposing attorneys have the right to see the questions and prepare answers.

Subpoenas represent a third type of discovery. They compel attorneys to present documents for pre-trial inspection. Other methods include witnesses submitting to physical examinations and experts testifying to the validity of evidence.

Grounds for Divorce in Ohio

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Divorce in OH
Image: nolo.com

An attorney with more than 18 years of experience, Kyle T. Kirts runs his private practice in Dayton, Ohio, where he represents clients in a variety of legal areas, including criminal and traffic law. Kyle Kirts also practices family law, which includes fault and no-fault divorce cases.

Every state allows no-fault divorces in which the person filing for divorce does not have to prove his or her spouse did anything wrong, but Ohio and some other states allow divorce on either fault or no-fault grounds. A client may want to consider a fault divorce when it can provide some leverage regarding decisions on child custody or distribution of marital property.

In Ohio, a no-fault divorce requires only a separation of at least one year. Grounds for a fault divorce include adultery, extreme cruelty, and habitual drunkenness. A fault divorce may also be granted if the adverse party was imprisoned at the time of filing or willfully absent for the year prior. Any proof that the marriage contract was fraudulent or the adverse party committed gross neglect of duty in the marriage is also considered in a fault divorce. A consultation with a seasoned Ohio attorney can help determine whether a fault or no-fault divorce is the right choice for each client’s unique situation.

Probate Administration in Ohio

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Probate Administration in Ohio
Image: probatelawyerohio.com

A privately practicing attorney, Kyle T. Kirts comes to his role with more than 15 years of experience. Kyle Kirts handles a diverse portfolio of cases, including those processed in probate court.

Probate court exists to process the distribution of assets after a person’s death. Probate proceedings cover any assets that the deceased individual solely owned, as co-owned assets typically transfer directly and without difficulty. Assets in survivorship tenancy also transfer automatically, as do any insurance benefits or assets with a particularly designated beneficiary. Individuals may also choose before their deaths to specify inheritance via a trust, which specifies a different path of transfer, though some estates are exempt from probate because the value is below a specified amount.

Assets that do go through probate fall under the management of the estate’s executor. The deceased person’s will often indicates the identity of this person, though estates without a willing named executor may require the courts to appoint an appropriate individual. If the deceased person has not developed a will, the court will name an administrator to resolve finances and distribute assets. The full process can progress to closure in as little as six months or as long as several years, depending on the complexity of legal proceedings and the necessity of any claims or audits.

Penalties in Ohio for Operating a Vehicle While under the Influence

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DUI OH
Image: dui.drivinglaws.org/ohio.php

Owner of a solo practice in Dayton, Ohio, Kyle T. Kirts serves clients facing criminal and civil charges. Kyle Kirts has represented many clients in traffic court since opening his practice in late 2009.

In the state of Ohio, intoxicated drivers 21 years of age or older may receive a conviction of operating a vehicle impaired (OVI). The conviction applies to any driver of a motor vehicle whose blood alcohol content is 0.08 percent or higher. However, drivers of commercial vehicles must only reach a level of 0.04 percent to receive a charge.

If convicted, a driver would receive a license suspension of 90 days for a first offense. Offenders also are subject to criminal charges that include monetary fines and mandatory imprisonment, though courts may instead order a first offender to complete a driver intervention program. Criminal charges may also increase an offender’s length of license suspension, which may include restricted operating privileges.

Penalties increase in severity with each subsequent offense. Second offenses incur higher fines and longer suspensions, as well as extended prison sentences and the potential for house arrest. Courts may also require these offenders to surrender their vehicles for 90-day impounding and to undergo mandatory drug and alcohol testing. Third offenses lead to mandatory drug and alcohol treatment as well as increasingly severe penalties.

Sentences also become higher for any offenders with blood alcohol levels over 0.17 percent. Similarly, those who refuse blood alcohol testing may be subject to lengthier license suspensions. An offender can appeal a refusal-based or failure-based suspension, though he or she must prove the charges invalid according to state law.

Landlord Rights and Timeframes Required for Eviction and Rent Increase

Licensed to practice law in Ohio, Kyle T. Kirts possesses more than 15 years of experience. Kyle Kirts has represented clients in a variety of cases, including those related to landlord and tenant laws.

In the State of Ohio, a landlord has the right to evict a tenant for nonpayment of rent and violating lease terms. An eviction may only be filed following proper notification to the resident about the situation. Notice for nonpayment requires a minimum of three days before filing paperwork with the court, while other violations, even those affecting health and safety, require landlords to give the offender 30 days to rectify an issue. The time period does not include weekends and holidays. In addition, a landlord should not count the day a notice is sent as part of the timeframe.

In terms renting a property, a landlord can price a home at any price he or she deems fit. Increase in rent, by any amount, requires tenant notice of typically 30 days. The exception to the rule occurs when a landlord offers a written or oral lease stating fixed rent for a specific term.

Basic Stretches for Runners

A juris doctor graduate of the University of Dayton School of Law, Kyle Kirts is licensed to practice in Ohio, where he has served as an attorney for over 15 years. Kyle T. Kirts also enjoys running, and came in third in his age group in the 2013 Mattoon Knights of Columbus 5K event.

Whether going on a light jog or running a marathon, stretching is an important part of a safe and injury-free workout experience. One of the most important things to remember about an effective stretching routine is to take your time; rushing through the process can tighten muscles rather than loosen them, and may create more issues than not stretching at all.

Walking lunges. From a standing position, take a big step forward. Then, bring your knee above your ankle and your thigh parallel with the ground. Bring your other leg forward and rise into a standing position. Repeat the step with your other leg. With practice, perform the lunges fluidly and repeat 10 times for each leg.

Calf stretch. Lean forward with one or both hands against a wall or similar solid object. Put one leg back and gently stretch its heel toward the ground. Repeat the process with the other leg. You should feel gentle stretching pressure along your calf, but be careful not to overdo the motion and strain your muscle.

Side stretch. To avoid common issues like side stitches, stretch your sides before running. First, keep your abdominal muscles tight and raise your arms straight over your head. Then, bend at your waist and lean first to one side and then to the other. Hold the pose at each side for two breaths, and repeat.