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Can a civil court change the status of plaintiff to be the defendant?
No. Whoever files first is the Plaintiff. If the Defendant then chooses to "cross-sue", the Defendant will still be the defendant on the pleadings even though by virtue thereof, the defendant has launched what is called a counter-claim. In such a scenario, the Defendant will have to defend the Plaintiff's claim, and progress the counter-claim ---- in the same way the plaintiff will need to progress its claim as Plaintiff (and yes, in the same way, the Plaintiff will have to defend the counter-claim launched by the Defendant). By way of additional info, note that the "whoever files first" rule is generally applied to "fix" jurisdiction too. Although the general rule is that the Defendant should be sued in its own jurisdiction, rules modify this basic approach, most often by way of the applicable treaty (e.g. by "special jurisdiction" and "exclusive jurisdiction") and thus by such rules, often the plaintiff is able to sue in its own jurisdiction. Therefore if both potential parties believe they have a claim against the other, where the rules allow for the jurisdiction to be in the plaintiff's own, then it works on a "first come first served basis.
How can the defense of justifiable actions be used in a criminal proceeding?
That is the defendant's dilemma. You must counter the prosecutions charge and convince the court (or a jury) that your actions WERE justified.
When a claimant is being counter sued and an additional person is added should they also be informed by the defendant that they are now involved in the original claim.?
The additional "defendant" will be notified and served by the court. Be notified that I am not a lawyer and that the answers provided do not reflect actual case law or specific laws.
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.
What is counter claim?
A counterclaim is a claim made by a defendant in response to the plaintiff's claim in a legal case. It asserts that the plaintiff's claim is invalid, often as a defense or a way to demand relief. It is a legal mechanism that allows both parties to present their arguments and evidence before a court.
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.
What is the definition of defendant-cross-appellant?
The cross-appellant in a case is the person who files a cross-appeal to counter an appeal already filed by the original appellant. Usually, the original appellant would be the party which lost the case in trial court, and would be asking the Appeals court to overturn the trial court verdict. A cross-appellant is usually the party which received a verdict partially in their favor at trial, and is counter-appealing some aspect of the trial court's verdict to the Appeals court. A 'defendant-cross-appellant' is means that the party which was the defendant in the trial court, is now the cross-appellant in Appeals court.
Who is a defendant?
A defendant is a person who is being tried.
In small claims court when claimant loses case against the defendantdoes the defendant automatically win counter claim decision and cash amount?
No, it is up to the judge to grant judgment. It is not granted by default.
Who is the defendant?
The defendant - is the person accused of a crime in a trial.
What is jury tampering?
It describes the attempt by the defendant (or persons associated with the defendant) to influence the jury sitting on the defendant's trial.
What could be a sentence with the word defendant?
the defendant pleads guilty
