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Can a defendant propound discovery after service but prior to filing an answer to a complaint?
Yes, in many jurisdictions, a defendant can propound discovery after being served with a complaint but before filing an answer. However, the ability to do so may depend on the specific rules of the court and the timing of the discovery requests. It is generally advisable for the defendant to consult the relevant procedural rules or seek legal counsel to ensure compliance with any applicable requirements.
What else can I help you with?
When defendant answers a complaint without being served by plaintiff must the plaintiff still properly serve complaint?
Yes, the plaintiff must still properly serve the complaint on the defendant. The fact that the defendant answers the complaint without being served does not waive the requirement for proper service. Proper service is necessary to provide notice to the defendant and ensure that they have a fair opportunity to respond to the lawsuit.
How dou call the person being complained by the complainant?
The person being complained about by the complainant is typically referred to as the "respondent" or "defendant," depending on the context. In a legal setting, they are often called the "defendant," while in customer service or administrative contexts, they may simply be referred to as the "respondent" or "subject of the complaint."
How does a defendent find out that he or she is being sued?
Normally the defendant must be served with notice of the claim before it is granted. If the person is hard to find, the claim can sometimes proceed without service or with substitutional service, but this may give grounds to have the judgement set aside in due course.
How does a court get jurisdiction of a defendant?
It depends on the type of court case. In civil cases, assuming the court has subject matter jurisdiction over the lawsuit to begin with, the defendant must have minimum contacts with the state for the court to exercise personal jurisdiction over the defendant. In criminal cases, the state must prove the defendant committed the crime within the court's venue.
What is complaint?
Complaint is the gap between customer's expectations and the actual value delivered by the product or service. In general, a complaint is an expression of displeasure, such as poor service at a restaurant.
Macy'sWho do I contact with a complaint?
to their costumer service
If a defendant doesn't answer a summons and compliant what next?
Usually the plaintiff moves to enter a default judgment on the complaint. In general, plaintiff will have to prove to the court that proper service of the papers was made on the defendant. In many cases plaintiff may also have to obtain letters from the various armed services branches to prove that the defendant is not away in the military. (This is not as difficult to do as it may sound.) If the court is satisfied that defendant has been properly served and was able to file answering papers but did not, it will let plaintiff prove his/her case either by affidavit or certification or by a proof hearing in court. A complaint is usually not a sworn statement by plaintiff, therefore any allegations in it have not yet been proved under oath. If the complaint is for a debt say on a credit card account, and the defendant defaults in answering the complaint, the credit card company usually has someone prepare an affidavit as to the amount of the debt. This sworn statement is now in evidential form and may be accepted by the court for entry of judgment. Courts will not simply enter a judgment for everything demanded in the complaint unless there is some sworn proofs to back it up. The procedure for this will vary from state to state. The state's laws and court rules must be consulted to find out the exact procedure.
What is letter of complaint?
A letter of complaint is a letter written by a consumer to a company in order to complain about a product or service that they received.
How many days to answer a complaint in civil court in California?
20 Days from Service (not filing); 21 days from Service if to Answer. - Federal Rules of Civil Procedure (Fed. Civ.Proc.)Rule 12(a)(1)(A)(1) which provides: 1)In General.Unless another time is specified by this rule or a federal statute, the time for serving a responsive pleading is as follows:(A) A defendant must serve an answer:(i) within 21 days after being served with the summons and complaint.
Where can a person go to make a complaint about the customer service they received at Chevrolet?
If someone wished to make a complaint about customer service, they could use the Chevrolet website contact page. Alternatively, they could ask to file a complaint with the local store manager.
Customer complaint towards food server?
A common customer complaint towards a food server is poor service. This could mean slow service, bringing the wrong order, or being unpleasant.
What does it mean when you receive a SUMMONS?
The summons is the document that officially starts a lawsuit. It must be in a form prescribed by the law governing procedure in the court involved, and it must be properly served on, or delivered to, the defendant. If the prescribed formalities are not observed, the court lacks authority to hear the dispute. In the federal district courts, the summons is prepared by the attorney for the plaintiff and given to the clerk of the court where the case will be heard. When the plaintiff's complaint, setting out his claim, is filed with the court, the clerk signs the summons and gives it and a copy of the complaint to a U.S. marshal or to someone else appointed to serve the papers. Once the summons and complaint are served on the defendant, she must respond to them within twenty days or whatever other time the court allows. Some states follow this same procedure, but other states allow service of the summons and complaint by delivery directly to the defendant. In those states, the lawsuit is considered begun as soon as the defendant receives the papers, even though nothing has yet been filed with a court. Actions commenced in this way are sometimes called "hip pocket" suits
