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What pleading can be filed by defendant?
pleadings filed by a defendant in a lawsuit is called written statement.
Can a lawsuit against a defendant be filed in a different county?
The court where the lawsuit is filed must have jurisdiction. One of the persons in the lawsuit must either reside there, or the cause of the lawsuit had to occur there.
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.
Is a complaint an answer or a motion?
A complaint is not an answer or a motion; it is a formal legal document filed by a plaintiff to initiate a lawsuit. It outlines the plaintiff's claims against the defendant and specifies the relief sought. An answer, on the other hand, is the defendant's response to the complaint, while a motion is a request to the court for a specific ruling or order.
How is a complaint for damages instituted in court of law?
The complaint is the original document filed to create a lawsuit. Once the complaint is filed, it is served on the defendant, and the lawsuit has begun.
Can defendant file request for dismissal of lis pendens?
Yes, a defendant can file a request for dismissal of a lis pendens. This legal action is typically initiated through a motion to expunge or dismiss the lis pendens, arguing that the notice is improperly filed or that the underlying lawsuit lacks merit. If the court finds the lis pendens unjustified, it may grant the request and remove the notice, allowing the defendant to proceed without the encumbrance on their property.
When would a defendant file a motion to dismiss?
A defendant would file a motion to dismiss primarily when they believe that the complaint lacks sufficient legal grounds to proceed, often citing reasons such as lack of jurisdiction, failure to state a claim upon which relief can be granted, or expiration of the statute of limitations. This motion is typically filed early in the litigation process, often before answering the complaint. It aims to eliminate the case or specific claims without requiring a full trial. If granted, it can result in the dismissal of the case or certain claims against the defendant.
In civil matters lawsuits when your are the Defendant is it wise to file a motion to strike the plaintiff's complaint and exhibit upon which it is based before an answer is filed?
My opinion is no. A defendant should file an answer and the motion to dismiss at the same time (if there are grounds to have the matter dismissed, of course). In fact this may even be required in most states. An Answer should be filed even if the reason for the dismissal is lack of jurisdiction over the defendant or subject matter. Sometimes, a defendant who files an Answer is held to have waived any claim of lack of personal jurisdiction. By filing the Answer he/she has just submitted to the jurisdiction of the court. But every Answer can provide that the defendant objects to personal jurisdiction as well as to the merits of the claim and retains the right to request dismissal at a later time. This ensures that the filing of the Answer does not waive the right to object to personal jurisdiction. The motion to dismiss may be filed later. personal jurisdictions ?
Is the defendant notified that there has been a motion filed against them?
Yes, the defendant is typically notified when a motion is filed against them. This notification is usually part of the legal process to ensure the defendant has an opportunity to respond to the motion. The notice may be delivered through formal legal documents or court notifications, depending on the jurisdiction and type of motion involved. Ensuring the defendant is informed is crucial for upholding their right to due process.
What is the response to motion for plaintiff?
A response to a motion for the plaintiff is a formal document filed by the plaintiff in reaction to a motion submitted by the defendant, typically seeking to dismiss, change, or otherwise challenge the plaintiff's claims. In this response, the plaintiff outlines arguments and legal grounds to counter the defendant's position, providing evidence and supporting case law as necessary. The goal is to persuade the court to deny the defendant's motion and allow the case to proceed. This response is an essential part of the litigation process, ensuring both parties have the opportunity to present their perspectives.
How do you dismiss a case filed in small claims court transferred to circuit court?
To dismiss a case filed in small claims court that has been transferred to circuit court, you would need to file a motion to dismiss with the circuit court judge. The motion should explain the reason for the dismissal, such as a settlement between the parties or lack of jurisdiction. The judge will then review the motion and decide whether to grant the dismissal.
When a defendant lives out of the state where the lawsuit was filed can he still be deposed in the state where the suit was filed or in his hom state?
If you have appeared in that lawsuit by an attorney then you must appear for a deposition. As an example if you live in New Jersey and you had an accident in New York and a lawsuit was filed in New York and your lawyer has appeared for you in New York then you must appear for a deposition. If you have not appeared in the lawsuit then you do not have to appear for a deposition in the other state. For more information contact us at http://www.eglaw.com
