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What happens if defendant refuses to answer requests for admission or they answer but deny everything?
In some states, if a defendant refuses to admit to certain facts in a request for admissions, the defendant might have to pay the costs incurred by the other party in gathering evidence to prove those facts if the defendant had no reasonable basis for not admitting to them.
Is an affirmative defense asserts facts that purport to show why a defendant is not liable for a plaintiffs harm?
yes
Why an attorney of a defendant files a motion to reconsider the judge ruling with a supporting memorandum of law and facts?
This sometimes happens after the judge has already ruled against the defendant. The attorney is attempting to change the judge's mind by providing him with facts that support his or her claims. The final ruling will be up to the judge. Think of it as a last ditch effort.
What are the fines in kansas for a Minor in consumption?
There are no set punishments or fines for criminal offenses. The sentence depends on the facts and circumstances of the offense, and the defendant.
What can a divorce judge take from the defendant?
It depends on the laws of the jurisdiction and the facts of the case. Judges who preside over a divorce case can take and redistribute a defendant's interest in property, can take a portion of the defendant's income for child support, can take the defendant's right to visit with their children under certain circumstances and can also take the defendant's liberty if they refuse to pay child support. Child Support Enforcement can take such things as a tax refund, the right to drive a vehicle and can garnish wages.
What is pleading no contest mean?
Pleading no contest, or nolo contendere, is a legal term used in court when a defendant neither admits nor disputes a criminal charge. By entering a no contest plea, the defendant essentially accepts the punishment without admitting guilt. This plea cannot be used against the defendant in a civil case based on the same set of facts.
What are the pleadings filed by the plaintiff?
The defendant files an Answer to the Complaint. In the Answer, defendant responds to each allegation of the complaint, one by one, stating whether the defendant admits, denies or leaves plaintiff to his proofs as to each individual allegation. Also, a defendant might file a counter-claim, if defendant has an affirmative claim against plaintiff. A defendant might also file a cross-claim if defendant believes that some other person is responsible for plaintiff's damages.
How many years do a second degree manslaughter sentence carry?
There are no set sentences for criminal offenses. It depends on the state, the defendant, the facts, and a number of other factors.
How can a judge not give a mandated prison sentence to a defendant pleading to a crime that mandates a prison term?
If the question actually states the correct facts, it shouldn't happen.
What is consol defendant?
A consol defendant is a party in a lawsuit who joins with another defendant or defendants in order to defend against the same claim or claims. This can happen when multiple defendants are sued together and are represented by the same legal counsel.
Who is a defendant?
A defendant is a person who is being tried.
What are facts about the case on the Liles v Damon corporation case?
The facts are straightforward and undisputed. On December 30, 2002, plaintiffs purchased a new motor home manufactured by defendant, which is located in Indiana. From the time that plaintiffs took possession of the motor home, water continuously leaked into it. Plaintiffs took the motor home to the dealer for repair of the leaks on several occasions, but the dealer failed to successfully fix the leaks. Plaintiffs also had several phone conversations with representatives of defendant, including the president of defendant, but again the leaks were not corrected. On December 23, 2003, plaintiffs' attorney mailed a letter to defendant notifying it of the leaks and the failed attempts to correct the leaks. In the letter, plaintiffs asked defendant to replace the vehicle in accordance with ORS 646.335. (1) The letter did not reach defendant until December 29, 2003, and plaintiffs filed their complaint the next day. (2) The trial court entered a judgment in favor of plaintiffs, rejecting defendant's contention that it did not have an opportunity to correct the defect before plaintiffs filed the action.
