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In the state of Minnesota Jude Flaw appears in court as plaintiff The defendant charges that Mr Flaw failed to complete work he said he would do what kind of case would this be?
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In the state of minnesota Jude flaw appears in court as plaintiff the defendant charged that Mr Flaw failed to complete plumbing work he promised to do the case is to be tried in?
As with anything, the Plaintiff has to prove that Mr. Flaw failed to complete the plumbing work and left water. Hopefully, they had a contract in place for services to be rendered and use that as a guideline.
What can happen if a defendant never appears in court after receiving a summons in a civil case?
The court can rule in favor of the plaintiff. This is not an unusual occurrence. The plaintiff usually gets everything they asked for, which may be money, injunctions and compensation for court costs.
What will happen if you do not show up for court when being sued by collection agency or credit card company?
The defendant is not required to make an appearance in a creditor suit, but if he or she does not appear the plaintiff (creditor) will win by default and a judgment will be entered against the debtor. FYI, unless the defendant has undisputable evidence that the suit is faulty (debt not valid, wrong person being sued, etc.) it will make no difference in the outcome whether the defendant debtor appears or not, the plaintiff will be awarded a judgment.
What happens if you don't appear in a civil suit court case?
The plaintiff wins the case by default and a judgment is entered against the defendant. A civil lawsuit summons is not a court order per se and therefore the defendant is not obligated to appear. An order of appearance from the court, interrogatories, depositions, discovery motions and so forth are different matters and the person(s) named should always respond. Legal counsel is always advisable in such matters.
Waiver of jurisdictional defenses?
I believe this falls under 'change of venue'. A defendant or the prosecution may ask a judge to change the venue or to change the jurisdiction where the case is being prosecuted. This may be the case if a defendant believes he may get a fair trial. A jurisdictional defense is one based on whether the court has jurisdiction over the defendant. For example, if one has to be personally served but was served by some other, unauthorized means, the court may not have jurisdiction over that person. In other words that person has a jurisdictional defense to the action. If however, the person appears in court and does not raise the jurisdiction issue, he/she has waived that defense. Here's how this plays out. A plaintiff claims to have served a defendant with process. Once the defendant does not answer within the time prescribed by law, the plaintiff would then move for a default judgment. The defendant become aware of the default judgment when the plaintiff attempts to execute on it (e.g., restrain his bank account...) The defendant then files a motion/order to show cause asking the court to vacate the default judgment. The plaintiff agrees to vacate the judgment provided the defendant "waives jurisdictional defenses,"i.e. lack of personal service.
Are there any circumstances in which a plaintiff in a civil matter can ask a judge to recuse him- or herself?
Anytime a judge has a conflict of interest in a lawsuit he should recuse himself. Reasons a plaintiff can ask for recusal include the judge is related to, is a friend of or a business partner with defendant. Or if the lawsuit is against a company the judge has invested in and a judgment against the company might harm his investment. Or that the judge had worked with defendant's law firm or been partner's together. Or that there had been some altercation or disagreement between plaintiff or plaintiff's lawyer and the judge do that it might appear that the judge would be prejudiced against the plaintiff. Lawyers and judges are expected not only to avoid improprieties like those but also to avoid even the appearance of impropriety. This means that even if an investigation into an alleged conflict of interest shows no actual conflict of interest, the judge should probably recuse himself if it appears to be a conflict.
Are there any circumstances in which a plaintiff in a civil matter can ask a judge to recuse him or herself?
Anytime a judge has a conflict of interest in a lawsuit he should recuse himself. Reasons a plaintiff can ask for recusal include the judge is related to, is a friend of or a business partner with defendant. Or if the lawsuit is against a company the judge has invested in and a judgment against the company might harm his investment. Or that the judge had worked with defendant's law firm or been partner's together. Or that there had been some altercation or disagreement between plaintiff or plaintiff's lawyer and the judge do that it might appear that the judge would be prejudiced against the plaintiff. Lawyers and judges are expected not only to avoid improprieties like those but also to avoid even the appearance of impropriety. This means that even if an investigation into an alleged conflict of interest shows no actual conflict of interest, the judge should probably recuse himself if it appears to be a conflict.
Plaintiff's claim and order to go to small claims court disposed with disposition of court dismissal- lack of prosecution?
The wording of the question is too cryptic - however - it appears that the Plaintiffs claim was dismissed due to the plaintiff's lack of prosecution (e.g.: The plaintiff failed to appear in court to press their case -or- the plaintiff withdrew their case- etc).
What are there name Minnesota wildcats or Minnesota wild?
The team is known as the Minnesota Wild. Although their logo appears to be either a wildcat or a bear, they simply go by the Wild.
OK what does the word 'appeared' mean?
ap·pearintr.v. ap·peared, ap·pear·ing, ap·pears1. To become visible: a plane appearing in the sky.2. To come into existence: New strains of viruses appear periodically.3. To seem or look to be: appeared unhappy.4. To seem likely: They will be late, as it appears.5. To come before the public: has appeared in two plays; appears on the nightly news.6. Law To present oneself formally before a court as defendant, plaintiff, or counsel.
When do you capitalize the word defendant?
The word "defendant" is typically capitalized when it appears at the beginning of a sentence or in legal documents, such as court filings or legal briefs. In general writing, it is not required to capitalize "defendant" unless it is part of a formal title or heading.
What do you mean by dismissal of suit under civil procedure code?
Dismissal of a Suit finally terminates the proceedings therein before the Court in which the same was filed.A Suit can be dismissed under the following provisions of the Civil Procedure CodeORDER IXRule 2. Dismissal of suit where summons not served in consequence of plaintiffs failure to pay cost- Where onthe day so fixed it is found that the summons has not been served upon the defendant in consequence of thefailure of the plaintiff to pay the court-fee of postal charges (if any) chargeable for such service, [159][or topresent copies of the plaint or concise statements, as required by rule 9 of order VII,] the Court may make anorder that the suit be dismissed.Rule 3. Where neither party appears, suit to be dismissed- Where neither party appears when the suit is calledon for hearing, the Court may make an order that the suit be dismissed.Rule 5. Dismissal of suit where plaintiff after summons returned unserved, fails for one month to apply for freshsummons- (1) Where after a summons has been issued to the defendant, or to one of several defendants,and returned unserved the plaintiff fails, for a periods of [162][one month] from the date of the return made tothe Court by the officer ordinarily certifying to the Court returns made by the serving officers, to apply for theissue of a fresh summons the Court shall make an order that the suit be dismissed as against suchdefendant, unless the plaintiff has within the said period satisfied the Court that-(a) he has failed after using his best endeavours to discover the residence of the defendant, who has notbeen served, or(b) such defendant is avoiding service of process, or(c) there is any other sufficient cause for extending the time,in which case the Court may extend the time for making such application for such period as it thinks fit.]Rule 8. Procedure where defendant only appears- Where the defendant appears and the plaintiff does notappear when the suit is called on for hearing, the Court shall make an order that the suit be dismissed,unless the defendant admits the claim or part thereof, in which case the Court shall pass a decree againstthe defendant upon such admission, and, where part only of the claim has been admitted, shall dismiss thesuit so far as it relates to the remainder.ORDER IXRule 21. Non-compliance with order for discovery- [170][(1)] Where any party fails to comply with any order toanswer interrogatories, or for discovery or inspection of documents, he shall, if a plaintiff, be liable to havehis suit dismissed for want of prosecution, and, if a defendant, to have his defence, if any struck out, and tobe placed in the same position as if he had not defended, and the party interrogating or seeking discovery orinspection may apply to the Court for an order to that effect and [171][an order may be made on suchapplication accordingly, after notice to the parties and after giving them a reasonable opportunity of beingheard.]ORDER XXRule 14 . Decree in pre-emption suit- (1) Where the Court decrees a claim to pre-emption in respect of aparticular sale of property and the purchase-money has not been paid into Court, the decree shall-(a) specify a day on or before which the purchase-money shall be so paid, and(b) direct that on payment into Court of such purchase-money, together with the costs (if any) decreesagainst the plaintiff, on or before the day referred to in clause (a), the defendant shall deliver possession ofthe property to the plaintiff, whose title thereto shall be deemed to have accused from the date of suchpayment, but that, if the purchase-money and the costs (if any) are not so paid, the suit shall be dismissedwith costs.ORDER XXIIRule 8 . When plaintiffs insolvency bars suit- (1) The insolvency of a plaintiff in any suit which the assignee orreceiver might maintain for the benefit of his creditors, shall not cause the suit to abate, unless suchassignee or receiver declines to continue the suit or (unless for any special reason the Court otherwisedirects) to give security for the costs thereof within such time as the Court may direct.(2) Procedure where assignee fails to continue suit, or give security-Where the assignee or receiverneglects or refuses to continue the suit and to give such security within the time so ordered, the defendantmay apply for the dismissal of the suit on the ground of the plaintiff's insolvency, and the Court may make anorder dismissing the suit and awarding to the defendant the costs which he has insured in defending thesame to be proved as a debt against the plaintiff's estate.ORDER XXVRule 2 . Effect of failure to furnish security- (1) In the event of such security not being furnished within the timefixed, the Court shall make an order dismissing the suit unless the plaintiff or plaintiffs are permitted towithdraw therefrom.ORDER XXXRule 13 . Where minor co-plaintiff attaining, majority desires to repudiate suit- (1) Where a minor co-plaintiff onattaining majority desires to repudiate the suit, he shall apply to have his name struck out as co-plaintiff; andthe Court, if it finds that he is not a necessary party shall dismiss him from the suit on such terms as to costsor otherwise as it thinks fit.Rule 14 . Unreasonable or improper suit- (1) A minor on attaining majority may, if a sole plaintiff, apply that a suitinstituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper.
