You could but what purpose would it serve or what would it prove?
Independent testing AFTER THE FACT could not possibly prove or disprove the PAST usage with which the dfeendant is charged.
Show up at court on the date of the request for default. ADDED: A "default" judgment is one in which you have failed (after proper legal notification) to be present in court to defend yourself against the claim.
No. In some situations the judge will request the opposing parties and their legal counsels (if any), often with an independent mediator present to try and find a resolution to the matter before the trial commences.
Their job - is to review cases that have already been tried. This is often done at the request of the defendant - who wants to present new evidence.
If you do not appear in small claims court when summoned, the judge may enter a default judgment against you, meaning the other party automatically wins their case. Additionally, you may be responsible for court costs and the judgment amount. It is important to follow court procedures and attend your scheduled appearance to present your defense.
When a person (the plaintiff) sues someone (the defendant), the defendant gets a certain amount of time to respond to the lawsuit (times vary by state). If the defendant does not respond to the lawsuit within the time period prescribed or does not show up to court on the day he or she is supposed to, the plaintiff will ask for (and the court will usually give) a default judgment. Simply put, the plaintiff wins because the defendant did not make an effort to defend themselves. A request for entry of default is when the time has passed for the defendant to respond to a lawsuit and the plaintiff is asking for a default judgment. This only applies to civil cases, not criminal cases.
Their job - is to review cases that have already been tried. This is often done at the request of the defendant - who wants to present new evidence.
Who were the plaintifif and the defendant?
Usually, you can contact the court and request that the court set an appearance date be set. The plaintiff's notice of the request for entry of the default might not have an appearance date, but it will state that you have a certain number of days to either file a written opposition with reasons, to the entry of a default or the right to request an appearance date to be fixed by the court. Some courts, specifically small claims courts, allow such abbreviated methods of entering defaults, but there are built in safeguards against an improper entry of a default. Many times a court permits this request without an appearance date because after all the defendant did not even bother to answer the summons and complaint, therefore, it is not unreasonable to at least request entry of a default without an appearance date as long as the defendant is told of the request and given an opportunity to object.I did respond to the original summons and complaint with proof of service, acknowledged by the court, and now I have this Request for Entry of Default, no court date or anything about my response and defense to this bank's claims. I need to know what form to use to respond or ask for dismissal based on my previous long response. Thanks.Carl
The defendant is the person charged with the offence who is seated at the back of the court room until needed for giving evidence.
When a defendant is found guilty in the trial court, an appeal can be held in the appellate court. Appeals are often done when a defendant maintains their innocence.
File a motion for hearing with the court that issued the injunction and, with proof of the violation, notify the court that the defendant has commited contempt of court.
Assuming that he has exhausted his other appeals, he may file a petition for a writ of certiorari.