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Can a non Defendant or attorney not representing the Defendant answer a complaint?
Wiki User
∙ 14y ago
Generally, there are four ways to deal with a complaint. You can answer it, you can demur to part or all of it, you can move to strike all or portions of it, or you can ignore it. The first three of these options may have different names in different jurisdictions. A demurrer is a motion whereby you argue that all or portions of the complaint do not state a valid cause of action, even assuming that all allegations contained therein are true. A motion to strike seeks to delete portions of a complaint (or all of it) as not in conformance with some law or ruling.
If you ignore a complaint, you will likely be subject to a default judgment, which means that the filing party will win all of his or her claims against you as set forth in the complaint. This is only a good way to go if you have no money or assets (or income) that the Plaintiff can collect from. Otherwise - you might as well try to come to a settlement and have the Plaintiff dismiss the Complaint prior to a default being taken.
All of these responses presuppose that you have been properly served with the complaint in the first place.
Wiki User
∙ 13y ago
Generally, a non-defendant or attorney not representing the defendant cannot answer a complaint on behalf of the defendant in a legal proceeding. Only parties to the case or their authorized legal representatives can formally respond to a complaint.
Wiki User
∙ 14y agoNo one not authorized by the defense may address the court either about, or on the behalf of, the defendant.
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Who is the person against the defendantin a trial?
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A summons/complaint is a notification of sorts. It informs the named person that he or she is a party to a lawsuit. In most circumstances one does not have to appear in court when it relates to a summons only. Although non appearance will most likely result in a default judgment being awarded to the plaintiff(s). If the summons is accompanied by a motion of discovery order, the defendant should file a written response within the time required. The defendant will then be notified of the date for the discovery hearing and the documents that are to be presented. That notice in most state courts will be a subpoena. A subpoena is a DIRECT order from the court and must be obeyed or the non complaint party can be found in contempt, which is not, to put it mildly a good thing.
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