0
Can anyone other than the plaintiff or defendant in a pending civil case file motions to be heard?
Wiki User
∙ 13y ago
It depends. If there are multiple defendants or plaintiffs, they can all file motions.
The judge can also file certain motions sua sponte, like a motion for summary judgment.
There are some cases where an outside party can ask to intervene, and file a motion requesting to become a party to a civil suit, because they feel that they are interested in the outcome and that their interests will best be adjudicated within the current suit, rather than by filing a new one.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
What is one to do if plaintiff is lying about the defendant?
Question is unclear, because the term "plaintiff" is used exclusively in a civil law cases, and the term "defendant" is used exclusively in a criminal law casea. Which is it? Actually the only thing that anyone can do is try to bring out the lying factor during testimony. If any attorneys are involved - be sure they know about it also.
Can a first party sue a second party for a fight if the first party agreed to the fight?
In the US, anyone can sue anyone for anything. The question is not whether you can sue, but whether you can win. This would be an action for battery. One of the defenses for battery is consent. If the defendant can prove that the plaintiff consented to the battery, the plaintiff will not be able to prevail.
Can someone sue you for defamation because of anonymous call?
In the US, anyone can sue anyone for anything. The question is not whether you can sue, but whether you can win.To win a case for defamation, the Plaintiff would have to meet all requirements under the state's definition of defamation (usually that defendant tarnished plaintiff's character, that such tarnish caused financial harm to plaintiff, etc.) If the call meets those requirements, the plaintiff may be able to win.Another View: Is this a trick question? If the call was anonymous - just WHO do you intend to bring suit against?
What is a pendens?
Lis pendens is the Latin term meaning "suit pending." A lis pendens is a notice filed in the office of land records by the plaintiff that the ownership of real property is the subject of a legal controversy. Anyone who purchases the property takes it subject to any claims asserted in the action. This notice secures a plaintiff's claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish plaintiff's rights to the property, should plaintiff prevail in its case. For a discussion of lis pendens see the link provided below.
What is lis pendens?
Lis pendens is the Latin term meaning "suit pending." A lis pendens is a notice filed in the office of land records by the plaintiff that the ownership of real property is the subject of a legal controversy. Anyone who purchases the property takes it subject to any claims asserted in the action. This notice secures a plaintiff's claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish plaintiff's rights to the property, should plaintiff prevail in its case. For a discussion of lis pendens see the link provided below.
What assets are protected in a wrongful death suit in the state of Tennessee?
In general a plaintiff who receives a judgment for personal injury or wrongful death can execute the judgment against all property belonging to the defendant until the judgment award is satisfied. Anyone named as a defendant in a personal injury or wrongful death suit should retain legal counsel immediately and refrain from discussing the matter with anyone other than their legal representative.
Who can be found in contempt of a court order?
The only one who can file a contempt motion is either the Defendant or Plaintiff. Motion for Contempt is filed when the conditions of a court order have NOT been met and it is a request for immediate (as immediate as you can get through the courts) resolution.
Who can file a notice of lis pendens?
Preface: The words "lis pendens" are Latin for "lawsuit pending." Lis pendens are filed in actions which affect title to real estate, including foreclosures, boundary line disputes, estates (sometimes), injunctions (sometimes), and other like cases. A lis pendens is filed in the official property records and warns anyone whom it may concern that all persons whomsoever acquiring any interest in the real estate at issue in the lawsuit will take subject to the rights of the Plaintiff in that action. Answer: While anyone can file a lis pendens, the only lis pendens that are valid are those filed out of real estate-related actions, such as the ones I have mentioned. Even these may be vacated (removed) by the court, but the Defendant usually is required to post a surety bond unless the lawsuit was dismissed or a judgment in favor of the Defendant entered.
Can anyone be your friend on Facebook?
According to standard Facebook procedure anyone can be your friend pending your approval. It does not matter wheather you or the other person sends the friend request.
What are two reasons that a criminal defendant can be expelled from trial?
Yelling, talking, interrupting, etc. Or threatening anyone in the courtroom
Can I file a class action law suit?
Yes. Anyone can. Talk to a plaintiff class action lawyer about your specific situation. Good luck.
Can a person be sued for calling a celebrity ugly?
Yes, they can be sued, but the suit will not be successful. (In the US, anyone can sue anyone for anything at any time. The question is not whether they can sue, but whether they can win. The type of lawsuit you are asking about is a libel or slander suit (oral or written). In order to prove this kind of suit, the plaintiff (here the celebrity) must assert that the defendant said something that is false about the plaintiff, and that the allegations led to damages for the plaintiff. Further, public figures, such as celebrities and politicians must also prove that the allegations were made with malice. A celebrity would not be able to prove that they suffered actual damages from being called ugly. However, there are successful libel/slander lawsuits. For example, if I told your employer that I caught you in bed with my 5 year old daughter, they believed it, and fired you as a result, you would be able to win this type of lawsuit.
