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When you are served a complaint and you answer the summons does a judge set a hearing?
Charly55
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You have been served four court summons by your ex. You arrived at the court hearing with your attorney but your ex and his attorney did not. Will that go against him in the upcoming court date?
It will go against him to the extent that he has previously wasted Court time and it also makes it look as if he is not serious about the proceedings. Your attorney will obviously mention it to the Judge at the next hearing. His attorney might get a ticking off from the Judge but it wont do much else.
What is a difference between a bench warrant and a warrant?
A bench warrant is issued (from the bench) by a judge and their own initiative. . A 'regular' warrant is issued after presentation of sufficient proof (in an affidavit) to a judge who then signs the warrant.
Can a person go to jail for not going to an emancipation hearing they were summonsed to?
A "summons" comes from the court. In a case that they will drop the case, but the judge could charge you a fine.
Can a summons be served over the phone?
Like most legal questions this may vary from state to state and maybe depends on the type of summons you receive. In general you must receive a summons personally or by certified or registered mail for it to be valid in court. For example, if you get a traffic or parking ticket, the officer physically hands it to you on that there is an appearance date. You can receive a summons to appear from a duly sworn officer of a court, a process server or even from a regular person. What happens is on the date of the summons if you do not appear the judge will ask the "complaintant" or "complaining witness" if there is "Proof of Service". The return receipt of certified mail, signiture of the person receiving the summons or again the person who served the summons swearing that the summons was served. In absence of that proof a judge cannot order a bench warrant for contempt or failing to appear and in civil matters he cannot enter a judgment in your absence because you were not duly served and given opportunity to appear. A telephone call or even a faxed or emailed summons will not cover the burden of "proof of service" and if someone does it this way and then swears proof of service and either a judgment is entered or a warrant issued you can request to have it set aside because you were never served. This happened to me once when I was representing myself in family court to request an emergency custody hearing for Christmas visitation and I had the summons which I created as well as the proof of service document for the court and I handed her the summons in the waiting area of the courthouse. She claimed that it was an illegal service and asked a sheriffs officer if I could subpeona her like that and he said of course. I filled out the proof of service and had the officer witness it. It was an unnecesary step but when she didnt show for the hearing it served as proof and she ended up losing by default. Anyway, I would check in your state and see what the law is and as technology improves who knows, one day your computer might suddenly have a message saying "You have been served".
Who do you report this issue to if guardian a litem and counselor are already in on this situation?
The County Presiding Judge, provided it's not the judge hearing the case, or through a judicial complaint with the state supreme courtm as the guardian is an attorney.
What is the definition of chamber?
A chamber summons is when a judge orders for a party's appearance. Chamber summons generally occur on the same day.
What happens if wife doesnt show up to final divorce hearing?
Judge will rule on the case as it is presented. Most likely granting the divorce as long as you have proven the facts in the bill of complaint.
When out on bail does that count towards probation time?
Not generally. Only time served may count, but only if the judge hearing the case agrees to permit it.
How do you file complaint against a judge?
You would review the state codes/laws and determine who reviews improper conduct by a judge. There is always an independant committee who is required to review every complaint. The complaint must be in writing.
How do you appeal a default judgment to which you were never served a summons?
You have 30 days to respond to a default judgment by going to the courthouse and filing an appeal. A new trial will be set where the judge will either give you another opportunity to hear your side or vacate the judgment if you can show that you were not properly served.
What happens if you do not appear in court after being served a summons for stealing but not actually charged with the offense or processed?
if you have been arrested for the offence, have been reported for the offence and you've received a summons to attend a court hearing then you will be guilty of a further offence. You can then be arrested and detained until another hearing is schedule. This will be added to the offense list by the prosecution. In some cases you can be found guilty in your absents and a sentence handed down. If you have not yet been charged the there is a possibility that the offence of theft is yet to be fully investigated and charges brought. It would NOT be advisable to FTA (Fail To Appear) if summoned as a judge will give instructions of "contempt of court".
Do all parties have to be serve before a disposition begin civil?
If it is an adversarial hearing, all the parties necessary to the suit must have been served. Whether they choose to honor the summons by attending is up to them. If they voluntarily choose not to attend, it's possible that a default ruling could be issued against them. On the other hand - if this is a final disposition hearing at which the judge will issue their ruling, it is not absolutely necessary that the principals be present. The order can be delivered to their attorney, mailed to them, and/or will be on file in the courthouse for reference.
