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Answered 2005-05-18 16:03:54

More than likely the defendant is using a technicality that can be as simple as the wording in the original filing petition(s). The party involved may be able to modify the suit or may need to refile the entire case. State laws govern the civil action process, therefore any remedy available depends on the applicable state statutes.

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Can defense lawyers sue you for malpractice?

A defense lawyer can sue for malpractice if the subject is breaking the code and conduct of of proper business ettiquette. If the company or individual is in the wrong a malpractice suit can be sought.

What factors does a defense use in civil case against the plaintiff?

Your question is too broad to be answered as written, as the nature of the defense depends upon the cause of action asserted by the Plaintiff.

What is the Legal Definition of the Doctrine of Unclean Hands?

Unclean hands, sometimes clean hands doctrine or dirty hands doctrine is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy on account of the fact that the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint-that is, with "unclean hands".

When filing a motion to dismiss can you assert an affirmative defense?

The majority of courts generally will not dismiss a complaint at the pleading stag based on affirmative defense, dismissal at this stage may be appropriate when the allegations in the complaint establish the defense.

What does representation by counsel mean?

It generally means the access by a plaintiff to a lawyer who directs his defense.

When answering a deficiency judgment complaint can you also ask for dismissal of the case based on personal insolvency?

Insolvency is not a defense to a complaint for a foreclosure deficiency. If you have filed bankruptcy and the debt was discharged, that would be a defense.

What is the definition of counterclaim?

A counterclaim is an affirmative claim that a defendant in a lawsuit brings against the plaintiff suing him or her. An "affirmative claim" is in addition to the usual defense to a plaintiff's complaint, where the defendant simply denies plaintiff's allegations against defendant. An example is in a car accident case where both sides believe the other was at fault, plaintiff sues defendant for damages from the accident alleging defendant was negligent. Defendant files an answer denying plaintiff's allegations of negligence and adds a counterclaim alleging that plaintiff was negligent and that he or she caused the accident and demanding damages from plainitff. Under rules of procedure, plaintiff usually has to file an answer to the defendant's counterclaim.

What evidence do you need to submit to the court as a defense against false allegations.?

Pleadings like the complaint and the answer are not evidence. The standard practice is to conduct what is called discovery. You can ask written questions about the facts to support the allegations of the complaint, demand documents and take the depositions of the witnesses. The plaintiff is not necessarily obligated to proceed at trial with all of the claims, but you can have the witnesses and documentary evidence available at trial to disprove the claims.

What are the two sides in a trial called?

In criminal court. There is the prosecution and the defense.Added: In a civil case it is the Plaintiff and the Defendant

What is coming to the nuisance?

A defendant may assert that the plaintiff "came to the nuisance." A "coming to the nuisance" defense may be successful if a defendant can prove that he or she engaged in the offending activity with similar results before the plaintiff moved to the neighborhood. For example, a plaintiff is unlikely to succeed in a nuisance action for barking dogs when the plaintiff knowingly bought property next to a large dog kennel.

What two sides in a court case are called the?

The Defense and the ProsecutionType of CaseParty1Party2Party 3CivilPlaintiffDefendantCriminalProsecutionDefenseFamily Law / DivorcePetitionerRespondentImmigrationPetitionerApplicantBankruptcyDebtorJoint DebtorBankruptcy (adversarial)DebtorPlaintiffDefendant

In tort claim if plaintiff's attorney does call a witness to testify can defense call same witness to testify against plaintiff?

The plaintiff is not required to provide witnesses to a case, per se; although they must prove their case (It is very hard to do without at least one witness, normally the plaintiff alone). In either case however the defense is not limited in its ability to call any witness to the case, as long as the plaintiff is notified of the witness who will appear and the witness will provide material testimony about the case.Additional: The defense cannot elicit brand-new testimony from the plaintiffs witness, however the witness is subject to cross-examination by the defense, who will try to either draw out testimony favorable to his client, or to impeach the testimony that the witness gave on direct examination.

What happens if you don't file an answer to a civil lawsuit?

If you don't file an answer to a civil lawsuit, the court may enter a default against you effectively preventing you from defending against the complaint. The court will allow Plaintiff to proceed with its claim either by holding a proof hearing or allowing proof of the claim by affidavit and recover a default judgment against you. A failure to deny allegations in a complaint is not automatically an admission of those allegations. Plaintiff still must prove its case, but that will pretty much be a simple formality. Courts will allow a defendant who has not answered a complaint an opportunity to vacate both a default and a default judgment; however you will most likely have to prove that you failed to answer due to some form of excusable neglect and you might have to prove that you have a meritorious defense before being allowed to defend the complaint. Check the court rules for the specific court in the specific state where the action is pending as procedures vary.

What is assumption of risk?

An assumption of risk is a part of the defense in a court room. It means that a plaintiff knowingly participated in the dangerous activity that they are in court for.

How do you fight a divorce petition claiming cruelty in which the date of last living together is off by a whole year?

You answer a complaint for divorce by hiring an attorney who can protect your interests. A typographical error regarding a date is not a fatal flaw and you should rather focus on the grounds set forth in the complaint, your defense, the distribution of your marital property and the children, if any.You answer a complaint for divorce by hiring an attorney who can protect your interests. A typographical error regarding a date is not a fatal flaw and you should rather focus on the grounds set forth in the complaint, your defense, the distribution of your marital property and the children, if any.You answer a complaint for divorce by hiring an attorney who can protect your interests. A typographical error regarding a date is not a fatal flaw and you should rather focus on the grounds set forth in the complaint, your defense, the distribution of your marital property and the children, if any.You answer a complaint for divorce by hiring an attorney who can protect your interests. A typographical error regarding a date is not a fatal flaw and you should rather focus on the grounds set forth in the complaint, your defense, the distribution of your marital property and the children, if any.

What are the affirmative defenses for debt collection?

Examples include Statute of Limitations, Doctrine of Laches, Lack of Standing, Plaintiff not licensed by Department of Consumer Affairs as a debt collector, Lack of Personal Jurisdiction. There may be other affirmative defenses, these are just a few and not all of them may be relevant to your specific situation. If you fail to raise an affirmative defense, then you may lose the defense by waiver. So, it is vital to raise all affirmative defenses in your answer to a complaint.

What does the plaintiff say in court?

The term 'plaintiff' indicates that the question is about the 'wronged individual' a civil case. They testify about the facts pertaining to how they were wronged by an action or actions of the defendant/respondent. These allegations are subject to the cross-examination of the defendants (respondent's) defense attorney.

What is the difference between an affirmative defense and a denial?

A denial does just that it denies the Plaintiff's allegations and the burden of proof is still on the Plaintiff to prove the prima facie case.An affirmative defense does not deny the allegations but asserts a defense that would negate the legal effect of the Plaintiff's cause of action. The burden of proof in an affirmative defense is on the Defendant.An example would be a breach of contract case. The Plaintiff claims that he had a contract with the Defendant, and Defendant did not perform the contract. A denial would say "We never had a contract" and the Plaintiff would have to prove the existence of a contract. An affirmative defense would say "Yes, we had a contract, but that was 20 years ago thus the action is barred by the 10 year statute of limitations." Then the burden of proof is on the Defendant to show that the contract falls outside of the statute of limitations period.

What are the ratings and certificates for Day of Defense - 2003?

Day of Defense - 2003 is rated/received certificates of: USA:PG

Can a non Defendant or attorney not representing the Defendant answer a complaint?

No one not authorized by the defense may address the court either about, or on the behalf of, the defendant.

Who does the defence attorney work for?

The defense attorney works for the defendant, or the person being accused. The accuser is known as a plaintiff, and they will often will also have a lawyer on their side when in court.

Can a credit card company sue you after 6 years?

Yes, it can even if the applicable statute of limitations on the claim has expired. A court will not refuse to accept a complaint for action just because the statute of limitations has expired. Nothing in any court rule forbids a plaintiff from filing an action that is beyond the statute of limitations. In fact, court rules require that a defendant must make an affirmative statement in the answering pleading that the claim is barred by the statute of limitations or that defense will be waived and the action may proceed even though the statute of limitations has expired. Once the statute of limitations has been raised as an affirmative defense, the plaintiff is required to prove that the SOL should not bar its claim.

How does the defense win the trial?

That depends on whether it's a criminal case or a civil case.In a criminal case, the defense wins by introducing reasonable doubt that maybe the defendant did not commit the crime. In a civil case, the defense wins by showing that it is at least as likely that the defendant is not responsible for whatever damages happened to the plaintiff.

What are Sample interrogatories assault and battery?

Interrogatories are a list of questions submitted by an attorney after a complaint is filed. if someone sues you for assault and battery, your attorney will send a list of questions to the plaintiff for him to answer. The questions are designed to give your attorney knowledge of the specifics of the plaintiff's claim, so he can begin to form a defense. Sample interrogatories for assault and battery are a list of common questions that would be asked of any plaintiff bringing an assault and battery suit. The questions are geared to the specific circumstances and elements needed to make out a claim for assault and battery (which are actually two separate claims).

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