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What does the plaintiff in a civil case want from the defendant in a civil case?
Wiki User
∙ 15y ago
In a word, money. Legally, they seek "compensation" for their losses. Not all plaintiffs seek money damages (called "legal relief") from defendants, although this is the most common. Many times, plaintiffs seek what is called "equitable relief" Equitable relief is granted when legal relief, i.e. money, is inadequate to compensate a plaintiff for the harm done. Examples of equitable relief are restraints, injunctions, specific performance of contracts, declaratory judgments, divorces, will invalidations, foreclosures, partitions, ejectments, appointments of receivers, cease and desist orders, shareholder derivative actions and other types of remedies that may have to be individually crafted to properly compensate the plaintiff.
Wiki User
∙ 15y ago
Wiki User
∙ 14y agoDamages.
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Do both the plaintiff besides the lawyer if there is one and the defendant besides the lawyer if there is one have to show up for a trial?
Only if they want to win. If plaintiff fails to show the case will be dismissed. If defendant fails to show the court will let plaintiff proceed to prove his case. In that situation, there is no contempt of court or any other such charge that would be made against the missing party.
Who can you tell that you want a case stopped that is about you?
Bring your grievance before a judge.AnswerIf you are the plaintiff or petitioner, you may dismiss your case. If you are the defendant/respondent, you can move to dismiss, but if the case has merit, the case will continue until the plaintiff dismisses it. You may settle with the plaintiff to dismiss the case.If you are not a party, for example if you are the child in a custody case or if you are the victim in a criminal case, you have no standing or control, and cannot do anything.
Pro se Plaintiff having received answer to complaint on summons what is next step plaintiff needs to take?
If there are counterclaims, then pro se plaintiff needs to file his own answer. You also want to consider any afformative defenses asserted by the defendant and their merit.
What happens if the plaintiff doesn't show up to court?
If the plaintiff fails to appear in court, the case may be dismissed for lack of prosecution. The defendant may potentially ask for a default judgment in their favor due to the plaintiff's absence. It is important for all parties involved in a legal proceeding to attend scheduled court dates.
Whats a motion to lift a freeze in a child support case?
In my opinion: Motion to modify child support orderFound this on internetName of StateIN THE (TYPE OF) COURT FOR THE COUNTY OF XXXXXXPlaintiffV. C S No. _______ This is not legal adviceDefendantMotion to XXXXXXXCOMES NOW ; the Plaintiff or Defendant pro se (by yourself) and moves this Honorable Court to XXXXXXXXXX; In support whereof Plaintiff or Defendant states:1. Reason & what you want and why.WHEREFORE, petitioner moves this Court to XXXX and XXXXXXX orderRespectfully Submitted
How does someone know they are being sued?
if you have been served it should say who is suing you the plaintiff, who is the person or corporation suing. you can also try case net to see what is listed there. if it's on the court docket it should be there.
How can defense lawyer win a case?
A defense lawyer wins by using the advantage that the State or the plaintiff suing the defendant has the burden of proving the the defendant is guilty or liable. The state in a criminal matter must prove its case beyond a reasonable doubt. A plaintiff in a civil matter must prove its case by a preponderance of the evidence or in some special cases by clear and convincing evidence. Quite simply, if the jury thinks both sides tied, for want of a better word, in their proofs, the defense wins. Defense lawyers plant seeds of doubt in the minds of jurors sometimes just enough so the jury just is not sure that finding for the state or plaintiff is correct. ==Additional Answer== In many cases the skill of the defense attorney is a significant factor when the defendant "wins". Three defense lawyers will approach a criminal case in three different ways. Some are abundantly more skilled in their understanding of the law, studying the evidence, utilizing expert witnesses, eloquence, projecting confidence, connecting with the jury, impeaching state witnesses who are often biased and "knowing" the court in which the trial is held. A good defense lawyer is also very skilled in recognizing when a defendant's rights have been violated and when exculpatory evidence has been withheld. It is like any other profession. The ones with the best skills often win.
What does it mean dismissed for want of prosectution?
A dismissal for want of persecution occurs in a divorce case when a plaintiff does not show up for a scheduled hearing. The motion is dismissed rather than assuming the plaintiff wanted to finalize the divorce.
All citizens are treated fairly in our courts of law?
Well, courts are not supposed to discriminate. If you want to accuse a judge of discriminating, you should show a clear-cut example of when the judge was unfairly biased against a witness, plaintiff, or defendant.
What happens if the plaintiff does not show?
If you are referring to not appearing for the Plaintiff's own deposition, a few things may happen, in escalating levels of severity: 1. When it happens for the first time, the lawyers can often work out a new date. 2. If the plaintiff fails to appear a second time the Defendant usually files a Motion to Compel. This is a request to the court to enter an order requiring the plaintiff to appear for deposition. Often, the court urges the parties to agree on a date, but nonetheless, the force of the court order is being used. 3. If the plaintiff again fails to appear despite the court order compelling attendance, the defendant can file a motion for sanctions. This may request relief such as the court itself setting the date for the deposition, awarding attorneys fees to the defendant's attorney for the work necessitated by the failures to appear, or, as the most severe sanction, dismissing the plaintiff's lawsuit. A dismissal does not usually occur except in the most severe circumstances, when the court believes that the plaintiff has flaunted the authority of the court.
What is Dismiss without Prejudice?
In short it means that the case was dismissed inconclusively. There may have been missing evidence or procedural requirements not met, and therefore the case could potentially be brought before the court again by the parties involved. It is an order issued by a judge actually dismissing the charges that were brought in the case - usually for some legal insufficiency, or lack of evidence, in the case itself. Dismissal WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again AFTER the legal insufficiency is cured. It is usually a term used in the context of case being dismissed. The significance of it is that the Plaintiff/Prosecution retains the right to re-file the lawsuit a second time. A case can be dismissed without prejudice by the judge (such as, if he or she grants a motion to dismiss filed by the defendant--but in such a case, the plaintiff/prosecution usually will be given the right amend the complaint (restate the allegations of the lawsuit), or it can be voluntarily dismissed altogether by the plaintiff/prosecutor. In many jurisdictions, a second voluntary dismissal by a plaintiff will preclude any subsequent refiling of the cause of action, but that is governed by local law.
What motion do you file to get a mediation report thrown out in San Bernardino county?
I am not sure what motion you would file in CA. You may want to consult a paralegal or an attorney. Often you can ask the court for a blank plea request where you simply state would you would like the judge to do for you. You write your case number, the plaintiff's info, the defendant's info, what you are requesting and why. You will want to be short and to the point, but also include solid reasons or supporting information as to why you want whatever it is that you are requesting.
