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Is pleading a noun?
Yes the word pleading can be a noun as in a type of document filed in a lawsuit. Otherwise the word pleading is a verb and an adjective.
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.
A pleading by the defendant in reply to a plaintiff's surrejoinder?
the effect of the surrejoinder application to the Plaintiff
Can a motion to dismiss be filed when the wrong defendant is named in the lawsuit?
Yes, a motion to dismiss can be filed if the wrong defendant is named in a lawsuit.
What is a responsive pleading?
A responsive pleading is one that responds to what another party has filed. An answer responds to a complaint. An opposition to a motion to dismiss responds to a motion to dismiss. An affidavit and reply must be filed to a motion to dismiss a case.
In litigation what's the difference between an answer and a response?
In terms of written pleadings, an Answer is the first document filed by a defendant in a lawsuit. In the answer the defendant answers or responds to each individual allegation made in the Complaint. If the defendant does not answer the complaint, the court might enter judgment against defendant. A Response is a more general category of pleadings meaning just about every type of paper that responds to some paper filed by the other party, whether it is the plaintiff or defendant. Example: The defendant files a motion to dismiss or for summary judgment or for additional discovery. The plaintiff is required to respond to the request and give reasons why the request should be denied or the court will most likely grant the relief requested. Note that the "Answer" is a responsive pleading, therefore it could be called a Response in a way. But Responses that are in answer to requests during trial like the ones above and not called Answers. The term Answer is left to describe the defendant's pleading that gives his or her answers to the allegations of the Complaint
To start any Civil Litigation a particular Pleading is filed with the court and is almost always the first pleading found in the first volume of a Pleadings file What is it?
Complaint.
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 can be done if a defendant refuses subpoena?
contempt charges can be filed
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.
Can you change your plea from not guilty to guilty after initially pleading not guilty?
Yes, a defendant can change their plea from not guilty to guilty after initially pleading not guilty. This is known as a plea change or plea bargain, and it typically involves negotiations between the defendant and the prosecution. The court must approve the plea change before it becomes official.
Who is The defendant's written response to the plaintiff's complaint that is filed with the court and served on the plaintiff?
The defendant's written response to a plaintiff's complaint is called an Answer.
