elff009,
You came to AAM for advice.
You are not legally trained yourself.
You may not be in a position to consider legal principles.
You are asking questions about principles without offering full facts.
Present the full facts s
ans names, etc. if you want good advices in response.
Otherwise you may get half-relevant vage comments which could steer you incorrectly.
You taking up anyone's time should not cause you undue concern - we are all big boys and girls on AAM.
No-one begrudges his/her time on AAM, but questions asked without a good level of background can be difficult to answer well.
SO don't treat us as if you're being charged "on the clock" or use this for not making an effort to give relevant information, including your reason for asking.
Why, for example, are you focussed on this question, as opposed to a general question of how to proceed on the Circuit Court?
In two years of readong this forum, its teh oddest question I have come acropss to date.
The reason I am asking for background is that it "smells" wrong.
You have either been told something by a bar room lawyer or you have picked up some hearsay.
It would be useful to have the full facts before one of us bothers to research this for you - for free!
I didn't need to know it was your nephew, or that he's a sparks - just the case facts in non-specific terms.
ONQ.