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Will you have to pay the defendants counterclaim if you the plaintiff looses the case?
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What is a Defendant's reply to a plaintiff's surrebuttal called?
Plaintiffs do not have a surrebuttal. They have a rebuttal. Defendants reply is the surreebuttal. Plaintiffs case in chief Defendants case in chief Plaintiffs rebuttal Defendants surrebuttal
How do you write a court motion?
I am the Plaintiff a Pro Se who submitted Production of Documents and Interrogratory's to the Defendants in a Employment Race Discrimination case. The Defendants refuse to comply with the Court and release to the Plaintiff the Interrogratorys and Production of Documents. The Plaintiff has to write a Motion to Suppress release to the Court in order to get the Court to order the Defendants to complay. How dose the Plaintiff write a Motion to Suppress?
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 the procedure of class action suit?
very generally:Plaintiff retains lawyers and files a case. Defendants try to have the case thrown out on legal grounds. If case survives, discovery (documents, depositions, etc) starts. Plaintiff moves to "certify the class." If plaintiff wins, case continues (or defendants appeal certification). If not, plaintiff appeals or walks away. Discovery continues. Defendants file papers to have the judge throw out the case on the law and facts. If plaintiff wins, case heads to trial. If not, plaintiff appeals or walks away. Trial by jury (or judge). Losing side appeals. A settlement may or may not occur at any time. From start to finish, on average, 3-5 years.Hope this helps.
What is the role of a juror?
Essentially, their job is to listen to a court case and decide the defendants fate, based on arguments from both his lawyer and that of the plaintiff.
What happens when plaintiff withdraws claim against a defendant?
The Plaintiff may withdraw the lawsuit, however, since the defendants have filed their counter claim, the suit will continue (now) against the plaintiff.
What is Plantiff's motion for summary judgment in a foreclosure case?
The Plaintiff's motion for summary judgment is asking the court to rule on all pleadings that have been filed in the case. This happens if one of the defendants has filed an response or answer. The Plaintiff will usually ask for judgment when filing a motion for summary judgment.
How do you drop cases before trial?
It depends on the type of case. If you are a defendant in a criminal action, you can plead guilty. In a civil matter, you may be able to dismiss if you are the plaintiff, but only if there is no counterclaim against you. You'd need to talk to a lawyer in your area for specifics on your case.
What does request for dismissal of does-roes mean?
When a lawsuit is filed, the Plaintiff may discover additional defendants that have fault and liability in a case. Although their names may be unknown at the time of filing, they can be added to the case as long as the Plaintiff reserved the right to substitute their names in the complaint. In order to to that, the Plaintiff includes the naming of additional defendants as "does" or "roes" after the names of the known defendant(s) in the case. (This is a short way of saying "John Doe", Jane Roe, etc. ) This is usually done by including a phrase such as "and Does 1 through 5" or "And Roes 1-100, inclusive". When the case is settled or a judgment is entered, it is procedurally correct to dismiss the case against all the unnamed "does" or "roes" in order to provide a disposition for all defendants in the case.
What are the benefits of a lawsuit settlement?
The benefits of a lawsuit settlement work for both the plaintiff and defendant. The plaintiff may save on legal fees and the possibility of a losing case by just amicably agreeing to a mutual figure. The defendants could save on a judgment that would be much larger.
In a Civil Case the party who brings a case against a Defendant is called?
In a criminal case it is the accuser. In a civil case - think Judge Judy - it is the Plaintiff
Who wins when case is dismissed with prejudice at defendants cost?
If a case is dismissed with prejudice at the defendant's cost, it means that the plaintiff wins the case. The dismissal with prejudice means that the plaintiff cannot bring the case again, and the fact that it is at the defendant's cost indicates that the defendant is responsible for covering any expenses related to the case.
