The reason(s) the original summons was not responded to, such as it was never received, the defendant didn't have enough time to respond, and so forth. If the court finds the reasons justifiable on the defendant's behalf then it has the option of vacating the default judgment that was entered against the person/defendant. Be advised, any such claim must be substantiated simply making a statement of the circumstances will NOT qualify as a valid defense.
Answer
The motion is generally called a Motion to Vacate Default. The rules of civil procedure of the jurisdiction will specify any particular procedure for filing it; in all cases, like for all motions, a copy of it has to mailed to the other party or, if represented, to the attorney.
As stated above, the motion must state a recognized reason for not having reponded. "I forgot" will not work, but if, for example, the illness of a famility member required your undivided attention, you should set forth all of the facts.
You must state that you have a viable and legally recognized factual or legal defense to the suit; the court will not be inclined to vacate the default unless there is something substantive to determine at trial.
Finally, it is important that you file the motion before a judgment is entered. It is generally easier to get defaults vacated than default judgments.
If a party refuses to answer Discovery in a civil case, you can file a Motion to Compel, requesting that the court compel them to answer.
File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.
A Motion to Compel is a motion filed by one side, asking the court to Compel the other side to do something. If the side filing the Motion agrees to extend the length of time before the court hearing, it can be granted as many times as the side allows. However, a Motion to Compel is a "last straw" move. An attorney is not likely to file the motion unless the opposing party has refused to cooperate with more cordial methods of obtaining the information. Therefore, once a party is forced to file the motion, it is unlikely that they would be willing to grant an extension of time prior to a court hearing.
Very hard to answer this question without knowing what the motion to compel was requiring of you.
The executor should file an annual accounting with the court. If they have not the heirs should file a motion for the court to compel an accounting. An executor who acts in secret and resists reporting to the heirs should be watched closely.The executor should file an annual accounting with the court. If they have not the heirs should file a motion for the court to compel an accounting. An executor who acts in secret and resists reporting to the heirs should be watched closely.The executor should file an annual accounting with the court. If they have not the heirs should file a motion for the court to compel an accounting. An executor who acts in secret and resists reporting to the heirs should be watched closely.The executor should file an annual accounting with the court. If they have not the heirs should file a motion for the court to compel an accounting. An executor who acts in secret and resists reporting to the heirs should be watched closely.
You need to file a motion with the court asking it to compel the co-executor to sign.
yes
You file a motion to compel (take a look at federal rules of civil procedure 26 and 37) asking the Court for sanctions against the party. One of the remedies may be to dismiss a claim etc..
most courts require that you first try & resolve the problem without a motion to compel. thus, best thing to do is call the other party or his attorney and 'remind' them the papers are past due (usually 15 to 30 days, depending) give them 30 days to be on the safe side. when you file the motion to compel, put in it that you have contacted the other party and tried to get it resolved to no avail. Terrill Corley Tulsa, OK
They should file a motion in the probate court to compel the attorney-in-fact to provide a full accounting of their activities and any records or checkbooks that belonged to the decedent. A court order will get the cooperation of the former AIF.They should file a motion in the probate court to compel the attorney-in-fact to provide a full accounting of their activities and any records or checkbooks that belonged to the decedent. A court order will get the cooperation of the former AIF.They should file a motion in the probate court to compel the attorney-in-fact to provide a full accounting of their activities and any records or checkbooks that belonged to the decedent. A court order will get the cooperation of the former AIF.They should file a motion in the probate court to compel the attorney-in-fact to provide a full accounting of their activities and any records or checkbooks that belonged to the decedent. A court order will get the cooperation of the former AIF.
how might a motion to compel impact a pleading
Get a new attorney and have the new attorney ask for time to get into the case.