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Can you file a motion for leave to amend a complaint to add a defendant to one case if you have already filed a cross complaint against him for the same causes of action in a separate case?
Wiki User
∙ 14y ago
I guess it depends on the state and type of motion presented.
Wiki User
∙ 14y ago
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Is it legal in a criminal action against a defendant to procure an arrest warrant and complaint based on the same charges defendant was already arrested posted bail and arraigment pending?
The way the question is worded it is obvious the questioner wants to make a case that the defendant is being placed in a "double jeapordy" situation, which is unconstitutional. There is this possibility - if the defendant committed the same offense against more than just one individual/complainant, each offense can be charged as a separate and distinct incident.
In new york can a contractor put a lien against property after six month about which contractor had already complaint?
I think it's i number of it
What rights does a criminal defendant have?
The use of the word "defendant" implies that the individual is already under arrest and has been charged. In that case: They have the right to counsel, to be confronted by the witnesses against them, and to be tried by a jury of their peers. If convicted, they have the right to expect NO cruel or unusual punishment.
What does motion to amend mean?
You are asking the court to amend your response to the original complaint brought against you.
Why an attorney of a defendant files a motion to reconsider the judge ruling with a supporting memorandum of law and facts?
This sometimes happens after the judge has already ruled against the defendant. The attorney is attempting to change the judge's mind by providing him with facts that support his or her claims. The final ruling will be up to the judge. Think of it as a last ditch effort.
Can a witness in civil case be added as defendant?
Not if the case were already underway. You would have file a new or amended lawsuit in order to name the 'witness' as a defendant or co-defendant. it is doubtful that an amended lawsuit would be granted at this point in the proceedings.
In what ways did the framers claim to have already tried in addressing the complaint?
because they were declared war!
What can you do about polygamy?
We have already done something about it in the United States. It is against the law.We have already done something about it in the United States. It is against the law.We have already done something about it in the United States. It is against the law.We have already done something about it in the United States. It is against the law.
What is a leave to plead?
A leave to plead is a formal request made to a court seeking permission to file or amend a pleading after the deadline for doing so has passed. It is typically granted at the discretion of the court based on factors such as the reasons for the delay and the potential impact on the case.
What does reindictment mean?
Reindictment refers to the process of bringing new or additional charges against a defendant who has already been indicted for a crime. It typically occurs when there is new evidence or legal developments that warrant additional charges beyond those originally filed.
Can a prosecutor alter a charge after sentencing?
No. Any such action should be reported to the state attorney general.If the defendant has already been sentenced, then the case is adjudicated, completed, finished, over, done with.It would be an impossibility for a prosecutor to alter the entire preceding case and change the charge (after-the-fact) for which the defendant has already been tried and sentenced.If they wished to charge the adjudicated defendant with a NEW offense, then that avenue is open to him.
What do you do when you've been served papers for a lawsuit that is not for you but for another family member with the same name and that person no longer lives in the state?
You can refuse to accept them telling the server that you are not the defendant. If you already have the papers, send them back to the plainitff or attorney and state that you are not the defendant. You must not ignore this. If you do, plaintiff will get a default judgment against you and you will have to go to court to have it set aside. That will cost you money and a damaged credit history.
