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How does plaintiff answer to defendant's notice of motion and motion for judgment on the pleadings?
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What is Plantiff's motion for summary judgment in a foreclosure case?
The Plaintiff's motion for summary judgment is asking the court to rule on all pleadings that have been filed in the case. This happens if one of the defendants has filed an response or answer. The Plaintiff will usually ask for judgment when filing a motion for summary judgment.
Only a plaintiff may file a motion for judgment on the pleadings?
No, defendants may file a motion for judgment on the pleadings as well.See: Corder v. Lewis Palmer School Dist. No. 38, 568 F.Supp.2d 1237 (D.Colo. 2008).
What is a motion for summary judgment in a foreclosure?
A summary judgment motion tells the court that based upon all the pleadings filed in the case, there are no issues of fact for the court to resolve at a trial, and that the plaintiff is entitled to a judgment without a trial, as a matter of law.
What is the motion that ends a lawsuit because there are no disputed material facts?
A motion for judgment on the pleadings
Can you respond to a Notice of Motion and Motion for Judgment on the Pleadings?
Yes you should respond promptly
How do you write a court motion?
I am the Plaintiff a Pro Se who submitted Production of Documents and Interrogratory's to the Defendants in a Employment Race Discrimination case. The Defendants refuse to comply with the Court and release to the Plaintiff the Interrogratorys and Production of Documents. The Plaintiff has to write a Motion to Suppress release to the Court in order to get the Court to order the Defendants to complay. How dose the Plaintiff write a Motion to Suppress?
What if defendants request a time extension from the plaintiff in a Civil Action?
Motion for extension of time or motion for enlargement of time
What does motion and request for default mean?
A plaintiff starts a lawsuit by filing a complaint and serving the complaint and summons on the defendant (or defendants). If the defendant does not answer the complaint or otherwise respond to the suit, the plaintiff make request a "default judgment." This means, more or less, "the defendant has not responded and the court should therefore grant what I sought in the complaint." Usually, a default judgment will be restricted to the relief sought in the complaint and will be restricted to amounts that are reasonably calculable. For example, say somebody hit you with their car, and you sued for $100,000 in medical bill. If the defendant ignores the lawsuit, the plaintiff will request a default judgment, and the court will likely grant them a $100,000 judgment. The plaintiff will then take the judgment to (most often) the county sheriff's department, which will then seize a defendants property to be sold to pay the judgment; or plaintiff can seek other remedies, like garnishment of wages. Lesson: don't ignore lawsuits. That's how you lose for sure.
What is the correct answer to plaintiff motion for summary judgment in a car accident personal injury case?
innocent
What type of motion occurs when a judge makes a final decision on the issues of the lawsuit without a trial?
This is likely to occur when a judge grants a motion for summary judgment. The motion asserts that there is no justiciable issue of material fact for the finder of fact (judge or jury) to decide, and that the party filing the motion is entitled to judgment "as a matter of law". Typically, the case has progressed to some degree when a motion for summary judgment is filed and the motion is based upon facts that have been disclosed during the "discovery" process. That is the part of the case when the parties ask questions of each other, request the production of relevant documents, take depositions, etc. Courts hesitate to grant such motions except in the clearest of cases. In the event of a close call, most courts deny the motion and permit the case to go to trial. This outcome may also occur when the court grants a motion for judgment on the pleadings. These motions are determined based primarily upon the pleadings filed by the Plaintiff and the Defendant; respectively, the complaint and the answer. The motion is granted when the complaint does not state a cause of action upon which relief may be granted.
What is the difference between a legal motion and a pleading?
Pleadings are the formal allegations and responsives thereto, of parties in a lawsuit. Pleadings are usually filed to initiate a lawsuit (petition or complaint), and to file an official response, defense and any counterclaim (Answer, Reconventional Demand, Counter-claim). Motions are applications for orders from the court, usually made within the framework of a lawsuit (motion to compel discovery, motion to set trial date, motion for summary judgment).
How does plaintiff respond to defendants motion for orders to set aside default and vacate judgment?
Courts generally prefer to decide cases on the merits (facts), rather than by default. However, when an answer to a complaint has not been timely filed, and damages are proven to the satisfaction of the court (either by affidavit or by testimony), a default judgment may be entered. Most jurisdictions require that in order to set aside a default judgment, the following be shown. This assumes a failure to answer a complaint-rather than a default judgment resulting from pleadings having been stricken as a sanction for noncompliance with a court order: --a reasonable excuse for not answering the complaint. Within the scope of this would be the failure to be properly served with process (personal, substitute, or lawful constructive service per applicable statute). If proven, bad service of process effectively voids the judgment, as it can be argued that the court never got personal jurisdiction over the defendant(s). There are other valid excuses for not timely answering; the court has much discretion in that regard. --an arguable, substantive defense to the Plaintiff's claim. It is not enough to say "I did not do it". The motion has to allege facts that tend to show the existence of facts supporting the defense. Otherwise, it would be a waste of time and resources to vacate the default and have a hearing or trial. The motion should be made as soon as possible after discovering the existence of the default judgment. While a prompt motion will not in and of itself guaranty success, waiting a long time to file it will tend to prejudice success. The motion gets filed with the Clerk of the Court where the judgment was entered, and a copy mailed to the the Plaintiff or his/her/its attorney of record. The judge's office should also be contacted for instructions as to how to schedule a hearing on the motion. All of that said, the Plaintiff could argue that there was proper service and that there was no reasonable excuse for failing to timely respond. The Plaintiff would further argue that the Defendant has no meritorious defense to the underlying claim and therefore, a trial on the merits would not change the ultimate outcome. The Plaintiff could also argue that the Defendant waited too long to move to have the default judgment vacated. While there is nothing akin to a statute of limitations for such a motion, the Plaintiff may take the position that the Defendant just waited too long. Finally, depending upon the complexity if the underlying matter, retaining a lawyer may be advisable.
