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Is the defendant notified that there has been a motion filed against them?
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What is the name of the party against whom criminal action is taken against?
Criminal: Before charges filed: the Arrestee - after charges are filed: the Defendant.Civil: The party against whom the case is being filed can be identified by severaltitles: The Defendant - the Respondant - etc.
What are the three other pleading documents after a complaint?
The defendant files an Answer to the Complaint. If the defendant wants to make a claim against the plaintiff a Counterclaim may be filed as well. If there are several defendants and the defendant wants to make a claim against one of them, a Cross-claim is filed. If the defendant wants to make a claim against a person who is not named in the suit, a Third Party Complaint is filed. If the defendant files an Answer only, plaintiff is not required to file any further pleadings.
Can you file a motion for leave to amend a complaint to add a defendant to one case if you have already filed a cross complaint against him for the same causes of action in a separate case?
I guess it depends on the state and type of motion presented.
How can you find out if you a motion to release has been filed against you?
what happens when a ciattion to discover assets has been filed against you
Can an ex parte motion be dismissed?
Any motion can be dismissed. However, the term "ex parte motion" appears to be an oxymoron, given that the other party(s) must be notified of any motion filed.
What pleading can be filed by defendant?
pleadings filed by a defendant in a lawsuit is called written statement.
When a motion is filed in court are both parties notified before the motion is carried out?
When one party to a court action files a motion, the judge holds a hearing on the contents of the motion at which time the opposition will be given a chance to be heard.
If defendant fails to reply to summons within 30 day period but reply on the same day I submit a motion for Entry of Default will the defendants reply be valid?
If the defendant replies on the same day that you submit a motion for Entry of Default, the reply may still be considered valid if it is within the required 30-day period. However, it is best to consult with a legal professional to ensure proper procedure for handling the situation.
Can a lawsuit against a defendant be filed in a different county?
The court where the lawsuit is filed must have jurisdiction. One of the persons in the lawsuit must either reside there, or the cause of the lawsuit had to occur there.
What steps do you have to take in detail to file a judgment?
A lawsuit must be filed against the debtor/defendant in the court of jurisdiction. If the plaintiff wins the suit a judgment will then be entered against the defendant. Judgments can be executed against the property or wages of the debtor in accordance with the laws of the state in which the judgment is awarded.
What does felony dismissal really mean in new york city?
It depends on the type of the dismissal. Dismissal WITH prejudice means that the charges cannot be brought against that defendant again.. Dismissal WITHOUT prejudice means that the charges MAY be re-filed against the defendant.
In civil matters lawsuits when your are the Defendant is it wise to file a motion to strike the plaintiff's complaint and exhibit upon which it is based before an answer is filed?
My opinion is no. A defendant should file an answer and the motion to dismiss at the same time (if there are grounds to have the matter dismissed, of course). In fact this may even be required in most states. An Answer should be filed even if the reason for the dismissal is lack of jurisdiction over the defendant or subject matter. Sometimes, a defendant who files an Answer is held to have waived any claim of lack of personal jurisdiction. By filing the Answer he/she has just submitted to the jurisdiction of the court. But every Answer can provide that the defendant objects to personal jurisdiction as well as to the merits of the claim and retains the right to request dismissal at a later time. This ensures that the filing of the Answer does not waive the right to object to personal jurisdiction. The motion to dismiss may be filed later. personal jurisdictions ?
