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Does Plaintiff in a civil case have to prove the debt to a defendant before proceeding to motion to compel discovery?
Wiki User
∙ 11y ago
No. As long as the complaint sets forth sufficient allegations of fact to support a finding that the debt is due and owing the case moves along to the point of discovery. The whole purpose of discovery, and therefore a motion to compel discovery when discovery is refused, is to ascertain the facts supporting the allegations that the debt is due and owing. Another point is that discovery is a process that takes place prior to the trial and the trial is where plaintiff proves its case. Therefore, a motion to compel discovery necessarily precedes proof of the debt.
Wiki User
∙ 11y ago
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Who brings the defendant before the court?
The plaintiff.The plaintiff.The plaintiff.The plaintiff.
How do you know who the plaintiff is in a case citation?
In a case citation, the plaintiff is typically listed first before the defendant. The plaintiff is the party that initiates a legal action or lawsuit against the defendant.
Which of these is an example of an out-of-court settlement?
The plaintiff and the defendant make an agreement before the decision in made in court.
What is coming to the nuisance?
A defendant may assert that the plaintiff "came to the nuisance." A "coming to the nuisance" defense may be successful if a defendant can prove that he or she engaged in the offending activity with similar results before the plaintiff moved to the neighborhood. For example, a plaintiff is unlikely to succeed in a nuisance action for barking dogs when the plaintiff knowingly bought property next to a large dog kennel.
What is coming to nuisance?
A defendant may assert that the plaintiff "came to the nuisance." A "coming to the nuisance" defense may be successful if a defendant can prove that he or she engaged in the offending activity with similar results before the plaintiff moved to the neighborhood. For example, a plaintiff is unlikely to succeed in a nuisance action for barking dogs when the plaintiff knowingly bought property next to a large dog kennel.
What is counter claim?
A counterclaim is a claim made by a defendant in response to the plaintiff's claim in a legal case. It asserts that the plaintiff's claim is invalid, often as a defense or a way to demand relief. It is a legal mechanism that allows both parties to present their arguments and evidence before a court.
What letter is sent to the defendant's insurer summarizing the plaintiff's damages?
Typically, before a plaintiff files suit, he sends a demand letter to the defendant outlining the injury and requesting a specific amount of damages be paid to avoid filing a lawsuit. If the defendant's insurance company is responsible, a copy of this letter would also be sent to this insurance company.
Can a defendant be required to answer questions in a deposition before his answer to plaintiff's complaint is due?
No. In fact nobody can be required to do anything before he/she is due to"do" it. Do you renew your car licence before you are due to do it?
Intentional interference with contractual relations requires a showing of bad faith before liability can be imposed.?
Yes, for example in the Lumley v Gye case, the plaintiff's claim that the defendant had caused a third party to breach a contract with the defendant was rejected on the grounds that the plaintiff had acted in good faith. Meaning the defendant did not intend for any contract to be broken.
What is a motion for summary judgment used for?
A motion for summary judgment asks the judge to dismiss the claims before the court. A moving party asks the court to assume that all of the allegations made by the plaintiff are true and even if all true asks the court to rule that no valid claim has been made by the plaintiff. For example, suppose the plaintiff sues the defendant for wearing a red tie. The defendant would admit that he wore a red tie, and ask the court to make a ruling that there is no possible recovery for the plaintiff when he defendant wears a red tie.
When a case is discontinued due to no action of the plaintiff how many years must the defendant wait before the case could be discharged voluntarily without cost?
69
Does the plaintiff have to wait 30 days from when the defendant was served papers?
The time period before the plaintiff can proceed varies by state, by court and by nature of case. In some states for general lawsuits it can vary from 20 days to 35 or more. The rules of civil procedure for the court in which you file your action will specify the length of time the defendant has to answer the complaint. To get an accurate answer, you'll have to check the rules governing the time within which a defendant has to file an answer.
