About Andra DelMonico, J.D.
Graduating from Stetson University College of Law with a J.D., Andra brings a straightforward approach to legal writing. With over a decade of freelance writing experience, she has a wealth of experience in writing about a broad range of legal topics. She has ghostwritten for individual attorneys, law firms, and businesses. When not writing, Andra spends her time boating and motorcycle riding with her family in sunny Florida.
Articles written by Andra DelMonico, J.D.
Appealed Your Case? What Happens When an Appellate Court Remands It
A remand order is when an appellate court sends a legal case back to the lower court for additional proceedings. This could entail reconsidering a legal issue, making additional findings, holding another hearing, or taking other actions ordered by the appellate court. A remand can leave you in an unusual position: Your appeal is over, but your case may not be. What happens next depends on exactly what the appellate court decided and what its mandate requires. If you have received a remand …
Force Majeure: Does It Cancel Your Contractual Obligations?
A force majeure clause can excuse a party from certain contractual obligations when an extraordinary event like a natural disaster makes performance impossible, impracticable, or otherwise triggers the protections written into the agreement. But that does not mean someone can simply point to a hurricane, government order, pandemic, strike, or other unforeseeable event and walk away from a contract. The wording of the clause, what actually happened, and how the event affected performance all …
Judicial Recusal Explained: How Conflicts of Interest Disqualify Judges
Judicial recusal is the process that requires a judge to step away from a case when a conflict of interest, personal bias, financial interest, or other circumstance could affect their ability to remain impartial. Recusal rules help protect the fairness of court proceedings and ensure that litigants can trust that decisions are being made by a neutral judge. If you believe a judicial conflict may affect your case, an attorney can help you understand your rights and determine what steps may be …
Sued and Missed the Deadline? What a Default Judgment Means for You
A default judgment can be entered against you when you fail to respond to a lawsuit or otherwise defend your case. That can leave you facing a legally enforceable judgment without ever having your side of the story heard. The good news is that a default judgment may not always be the end of the road. Depending on the circumstances, you may be able to ask the court to set it aside or appeal the judgment. Find a civil litigation lawyer who can review your situation and explain what options may be …
How Does a Deposition Work? What To Expect and How To Prepare
A deposition is a formal question-and-answer session in which you provide sworn testimony before trial. During a deposition, an attorney asks questions while a court reporter records your answers. Depositions are commonly used in civil cases as part of the discovery process, but the rules and procedures can vary depending on the type of case and where it is filed. Knowing what happens during a deposition, what questions you may be asked, and what rights you have can help you walk …
Affidavits: How Are They Used as Evidence in Your Case?
An affidavit is a written statement made under oath or affirmation, and courts use them in both civil and criminal cases. But signing your name to a sworn statement does not automatically make everything in it admissible evidence. The rules governing affidavits can vary by state, court, and reason for submission, and an opposing party may be able to challenge what the affidavit says or how it was prepared. If an affidavit could affect the outcome of your case, use the Super Lawyers directory to …
What Is Summary Judgment, and What Does It Mean for Your Case?
Summary judgment allows a court to decide a lawsuit without a full trial when there are no significant factual disputes between the parties. The judge reviews the evidence and determines whether one side is entitled to win under the law. Although the process happens before trial, a summary judgment can have the same legal effect as a final judgment after a trial. For legal guidance, use the Super Lawyers directory to find a litigation attorney with experience handling your legal matter. What Is …
Are Flock Cameras Legal? ALPRs and Your Privacy Rights
Law enforcement agencies and private property owners use automated license plate readers (ALPRs), including Flock cameras, to capture license plate information and assist with investigations. ALPRs are legal in the United States in many situations, but the rules depend on how the data is collected, stored, shared, and used. The question of legality centers on debates over the Fourth Amendment's protections against unreasonable searches and seizures. Josh Lee, a DUI attorney at The Lee Firm in …
Does a Tenant Have To Move Out Early if the Landlord Is Selling the House?
Selling a rental property does not automatically end a lease. Many tenants have the right to stay until their lease expires, even after the property changes ownership. The answer depends on the lease agreement, whether you rent month-to-month or for a fixed term, and the landlord-tenant laws where you live. Use the Super Lawyers directory to find an experienced landlord-tenant attorney near you. Does Selling a Rental Property Automatically End the Lease? A lease is a legally binding contract. …
Can a Landlord Deduct From a Security Deposit Without Providing Receipts?
A landlord may be able to deduct money from a security deposit without providing copies of receipts, but that depends on the laws in the state where the rental property is located. Many states require landlords to provide an itemized list explaining each deduction, while others may require additional documentation such as invoices, estimates, or proof of expenses. Understanding what documentation is required can help tenants determine whether a deduction is legitimate or whether they have …
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