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If the moving party forged a return of service and the case is still open could the defendant use that fact to request a hearing to dispute claims against him?
Wiki User
∙ 14y ago
Absolutely - but it is hard to get the court to believe that the other side did not get service when they claim they did. The presumption is that the return of service is valid and it is a difficult presumption to overcome.
Wiki User
∙ 14y ago
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Can a defendant file a motion to continue before pretrial?
No. A PRE-trial hearing implies that the case has not yet been presented to court for trial. Therefore there is nothing on which a "motion" may be made. You may "request" a postponement of the hearing (providing you can present good cause for the request) but there are laws granting "speedy trial," and it may not be granted.
What do you do if you are defendant in a request for entry of default?
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.
How does defendant in mental competency hearing get legal representation?
The court can appoint a legal representative and said person can also request representation. In short the presiding judge will ask the person, if they refuse the case can continue.
How can you dispute a bankruptcy which was filed immediately after you got a 10500 judgment against that person?
you can request for a relief from judgment or wait to object to the debtor's discharge if I am not mistaken ...Augusta,ga
How do you file a competency hearing?
To file for a competency hearing, you typically need to submit a request to the court where the case is being heard. This request should outline the reasons why you believe the individual in question is not competent to stand trial. The court will then evaluate the request and may schedule a hearing to determine the individual's competency.
What happens if defendant' does not answer plaintiff first set of interrogatories request for admissions and request for production of document?
Depending on state laws, you have 30 days to file answers to them, if you fail to do so they can be deemed true and not contested and a judgment against you will be put before a judge.
What if the plantiff in a divorce cannot appear in court?
The plaintiff or their attorney can request for a rescheduling of the hearing.The plaintiff or their attorney can request for a rescheduling of the hearing.The plaintiff or their attorney can request for a rescheduling of the hearing.The plaintiff or their attorney can request for a rescheduling of the hearing.
What does it mean when my divorce status says red- request for default filed?
A Request for Entry of Default is filed by the plaintiff when the defendant did not show up for the hearing and the plaintiff wants the court to enter an Entry of Default. The Entry of Default must be filed before a Default Judgment can be issued whereby the plaintiff will prevail in the lawsuit.If your case is not ready for a default hearing, you will receive a red notice with instructions on what to do next in your case to get a default hearing set, or if you cannot go by default. You should contact the court if you have questions.
What is the only type of trial that is not by jury?
A defendant can request to be tried by the judge alone. He cannot be forced to do this by any governmental power. It is solely the choice of the defendant.
Can you file a contempt of court charge and request the hearing be held on the same day as a court hearing you already have scheduled?
You can request it, but your request will most likely be denied. The other party must be served with the contempt action and must be given ample opportunity to review and to prepare to respond before any hearing.
How can you dispute my rehire status to Bank of America?
Call the personnel number and request to be transferred to advise and counsel. they will open up a case and look into your dispute
Can a restraining order be false?
In my experience, a restraining order cannot be issued until after a court hearing has been held in which case BOTH sides get to tell their story to the judge or hearing officer. However if the respondent fails to appear for the hearing it could be issued due to their default, at which time it becomes incumbent upon them to request a court hearing to defend against the action.
