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Is it correct for a defendant to file an answer to allegations in an affidavit supporting a motion for modification of temporary orders?
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Does the defendant make allegations in the plaintiffs complaint?
No, the defendant does not make the allegations in the complaint. The plaintiff makes the allegations. The Defendant answers or responds to each of them by either admitting or denying them or by saying neither admitting nor denying but leaving plaintiff to its proofs.
A sentence using the word defile?
The vandals defiled the monument with spray paint and graffiti.
What is a sesslin affidavit?
It would appear that a Sesslin Affidavit would issue from a law enforcement official on behalf of a defendant who is "somehow" useful to the officer and needs to be released for operational purposes. JMO
A defendant is a person against whom a lawsuit is brought?
The defendant is the one being sued in the court. It is their job to "defend" themselves against the allegations being brought in front of the court. Plaintiff - Complain Defendant - Defend
What is the statute of limitations on fraud in a criminal case meaning someone deliberately and knowingly manufacturied fraudulent evidence and made false allegations against an innocent defendant?
If your allegations can be proven, there is no statute of limitations on PERJURY.
What one thing can't the defendant do when answering a complaint A deny the complaint's allegations B list defenses C admit to the complaint's allegations D defer answering for 180 days?
list defenses
What are the best defenses against a malpractice suit?
First & foremost defence is to categorically deny each and all accusations / allegations leveled against the defendant in the complainant's pleadings. While answering the pleadings, step by step replies to the each of allegations must be equipped with defendant's bonafides, sincerity ethics, adhering to strict medical professionalism etc. Thanks.
Who starts first the plaintiff or the defense?
The plaintiff - their legal representative outlines the case for the prosecution. It's then up to the defence barrister to answer the allegations on behalf of the defendant.
What is counter claim?
A counterclaim is a claim (lawsuit) made by a defendant (the person getting sued). Often times, if a person is taken to court they will file a claim against the person suing them. This is called a counterclaim. The person making the counterclaim is the counterclaimant.
The judge found for the defendant?
This is in civil trial and it means the judge found that the case was presented in favor of the Defendant: in other words the person who was sued was found not liable for the allegations made by the Plaintiff. In criminal court the judge either finds you guilty or not guilty.
If a defendant doesn't answer a summons and compliant what next?
Usually the plaintiff moves to enter a default judgment on the complaint. In general, plaintiff will have to prove to the court that proper service of the papers was made on the defendant. In many cases plaintiff may also have to obtain letters from the various armed services branches to prove that the defendant is not away in the military. (This is not as difficult to do as it may sound.) If the court is satisfied that defendant has been properly served and was able to file answering papers but did not, it will let plaintiff prove his/her case either by affidavit or certification or by a proof hearing in court. A complaint is usually not a sworn statement by plaintiff, therefore any allegations in it have not yet been proved under oath. If the complaint is for a debt say on a credit card account, and the defendant defaults in answering the complaint, the credit card company usually has someone prepare an affidavit as to the amount of the debt. This sworn statement is now in evidential form and may be accepted by the court for entry of judgment. Courts will not simply enter a judgment for everything demanded in the complaint unless there is some sworn proofs to back it up. The procedure for this will vary from state to state. The state's laws and court rules must be consulted to find out the exact procedure.
Does Plaintiff in a civil case have to prove the debt to a defendant before proceeding to motion to compel discovery?
No. As long as the complaint sets forth sufficient allegations of fact to support a finding that the debt is due and owing the case moves along to the point of discovery. The whole purpose of discovery, and therefore a motion to compel discovery when discovery is refused, is to ascertain the facts supporting the allegations that the debt is due and owing. Another point is that discovery is a process that takes place prior to the trial and the trial is where plaintiff proves its case. Therefore, a motion to compel discovery necessarily precedes proof of the debt.
