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May I as plaintiff remain anonymous in small claims court i am willing to appear because the defendant makes a product and has never met me but for safety reasons i don't want my name on paperwork?
Wiki User
∙ 15y ago
no all lawsuits are and court cases are available to all who request transcripts. Some states do have privacy acts now that will not release your entire name (it would be your first initial and last name) and instead of an address only list your county or parish. There are certain circumstances that the records can be sealed celebrities most notably have been able to get this done, but other cases such as sexual or spousal assault, and of course cases involving juveniles.
Wiki User
∙ 15y ago
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Can someone sue you for defamation because of anonymous call?
In the US, anyone can sue anyone for anything. The question is not whether you can sue, but whether you can win.To win a case for defamation, the Plaintiff would have to meet all requirements under the state's definition of defamation (usually that defendant tarnished plaintiff's character, that such tarnish caused financial harm to plaintiff, etc.) If the call meets those requirements, the plaintiff may be able to win.Another View: Is this a trick question? If the call was anonymous - just WHO do you intend to bring suit against?
Why does the plaintiff go first?
The Plaintiff goes first because they are the people suing the defendant, which gives them the ability tp go first.
Who works harder plaintiff lawyers or defense lawyers?
This answer depends upon the type of lawsuit involved. Some plaintiff's claims are easily proved, while some are not. The same is true for a defendant. Some defenses are easy to prove and some are not. A lawyer for a plaintiff who was hurt by a car that rear-ended him has a pretty easy job, because a defendant that is not in control of his car at all times (even if the plaintiff's car stops short) is at fault. In that case the defendant's lawyer will work harder than the plaintiff's. On the other hand, a plaintiff's lawyer suing a doctor for malpractice will probably have to work harder than the defendant's lawyer, because he has to prove the doctor's care was below the level of care required. But all things being equal, probably the plaintiff's lawyer works harder if only because he has to prove his case to win. In lawsuits, a tie goes to the defendant. I would have to say Defendant, because they are trying hard to correct something they may have done or may not have done. This is a debateable question. :)
What is Georgia's last clear chance rule under its comparative negligence laws?
Georgia's last clear chance rule in its comparative negligence laws states that even if the plaintiff's negligence contributed to the accident, the defendant can still be held liable if they had the last clear chance to avoid the accident but failed to do so. This rule allows the plaintiff to recover damages even if they were partially at fault.
What is Request of entry of default?
When a person (the plaintiff) sues someone (the defendant), the defendant gets a certain amount of time to respond to the lawsuit (times vary by state). If the defendant does not respond to the lawsuit within the time period prescribed or does not show up to court on the day he or she is supposed to, the plaintiff will ask for (and the court will usually give) a default judgment. Simply put, the plaintiff wins because the defendant did not make an effort to defend themselves. A request for entry of default is when the time has passed for the defendant to respond to a lawsuit and the plaintiff is asking for a default judgment. This only applies to civil cases, not criminal cases.
What is one to do if plaintiff is lying about the defendant?
Question is unclear, because the term "plaintiff" is used exclusively in a civil law cases, and the term "defendant" is used exclusively in a criminal law casea. Which is it? Actually the only thing that anyone can do is try to bring out the lying factor during testimony. If any attorneys are involved - be sure they know about it also.
Do you need to amend your answer in a civil suit because the plaintiff amended his petition removing one defendant in Texas?
Yes, you may need to amend your answer in a civil suit in Texas if the plaintiff has amended their petition to remove one defendant. This is because the claims being asserted against you may have changed, and it is important to update your response to reflect the current status of the case. It is advisable to consult with a lawyer to determine the best course of action.
How do you apply a civil case against the diffendent?
The way your question is worded is a bit confusing, but I'll try to answer it ... Parties to a civil lawsuit are the PLAINTIFF(s) and the DEFENDANT(s). The Plaintiff is the person who files the lawsuit. The Defendant is the person (or entity, like a company) who is being sued. When a plaintiff files his lawsuit in court, that paperwork will be delivered to the named defendant(s) usually by a "process server" or the sheriff's office. It is called "Service of Process". Serving the defendant(s) with the paperwork is what "applies" the case to the defendant(s). If you are trying to file a civil suit on your own in a CIRCUIT court (not a small claims court), you are strongly encouraged to reconsider. You are allowed, by law, to pursue a claim on your own, and you are known as a "pro se litigant" when you are not represented by an attorney. However, the judicial system is very complex. The rules of court are very complex. It's just not smart to represent yourself. Not even attorneys should represent themselves because they are biased in favor of their own position. MOST civil cases are handled by attorneys on a "contingency basis". This means that you don't pay the lawyer unless you win your case. If you are trying to file a civil suit on your own because you are afraid it costs too much to hire an attorney, keep in mind that it is likely you won't need to pay the attorney unless you win. When you call attorneys, ask how they handle the fee -- and never hesitate to ask them to define or explain something to you that they say that you don't understand.
Is it the defendant's lawyer's responsibility too ensure that the plaintiff's attorney fulfills their obligation?
The adversarial legal system only works because both sides do their best to advocate their side of the proceeding. The plaintiff in both a civil and a criminal court best serves the public by insuring that all necessary elements of a case are completely and fully proven.
What are four elements involved in a successful negligence suit?
1. Duty - The Defendant must have owed a duty to the Plaintiff. There are generally two ways a duty can arise between the Defendant and the Plaintiff. First, ask "did the defendant's conduct create a risk of harm to the plaintiff?" If the answer is yes, then the defendant owed a duty to do his risk-creating conduct reasonably under the circumstances. If the defendant's risk-creating conduct did not create a risk (the answer to the question is no), then one needs to investigate into whether a special relationship exists between the parties. Examples of special relationships are hiker-hiker, teacher-student, doctor-patient, priest-churchgoer, etc. Special relationships can increase the amount of care owed by one party to the other, but generally will never decrease the amount of duty owed. 2. Breach of duty - the defendant failed to act reasonably under the circumstances If the jury concludes that the defendant did not act as a reasonable person should under the circumstances (which is not necessarily how the individual jurors would have acted) then the defendant breached his duty. Remember, the negligence suit fails if the defendant did not owe a duty. 3. Cause - You asked for four elements but "cause" is broken down into two categories-cause-in-fact and proximate cause. Cause-in-fact is usually easy to prove. Ask "if not for the defendant's existence in the world, would the plaintiff have been harmed?" If the answer is yes, then the defendant's conduct is a cause-in-fact of the plaintiff's harm. There are other tests used. Proximate cause is usually more difficult than the other elements. It deals with how closely the defendant's conduct relates to the plaintiff's injury. Perhaps the best means to illustrate proximate cause is by example. If A drops a lit cigarette outside, the wind carries the cigarette 500 feet onto the outhouse on a farm, the outhouse explodes due to the gasoline tank inside (just assume the farmers were crazy kept gasoline around their outhouse). The outhouse's debris breaks through the windshield of a moving car. The car causes an accident injuring the other driver. So, should A be held liable for causing the other driver's injury? Probably not. He is a cause-in-fact of the injury because if he never dropped the cigarette, the injury would not have occurred. However, its not very foreseeable that dropping a cigarette would cause such a sequence of events, so A would not be held liable because his actions were not the proximate cause of the other driver's injury. 4. Damages - the plaintiff must have been injured by the defendant's negligence.
What happens when you don't respond to a divorce summons in the 20 days a lotted?
Two things to know. First, if a person does not answer the summons and complaint in the time allotted, the court will let the plaintiff proceed with the case pretty much as if the defendant agrees with all the allegations and demands made in the complaint. The plaintiff will have to prove that service of the summons was made properly just so the court is sure that the failure to answer is not just because the defendant does not know about it. The court will schedule a proof hearing at which time the plaintiff will testify to the truthfulness of the allegations of the complaint. If the court is satisfied the allegations are true, it will enter a default judgment granting the plaintiff's demands as long as those demands are supported by the facts. Second, the court will not cut off a defendant from filing an answer just because the 20 day period has expired. All courts have rules that permit filing a late Answer provided there is some reasonable reason for the lateness. Plaintiffs's lawyers know that courts will allow late answers very liberally, so much so that they usually consent to a late answer without making the defendant ask the court to be allowed to file late.
The Defendant has removed the case to Federal Court and filed an Answer?
Once a case is removed to Federal Court, the parties will proceed with the litigation in the federal forum. The Defendant's filing of an Answer indicates that they are responding to the allegations raised in the complaint and presenting their defense to the claims asserted by the Plaintiff. Both parties will continue to engage in the legal process as the case moves forward in Federal Court.
