0
What else can I help you with?
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.
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.
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.
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.
A sentence using plaintiff?
When Karen sued the company, her position in the court proceedings was as a plaintiff.
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
Can you cancel divorce proceedings?
If you filed the complaint or petition, you may dismiss it. If the other party filed the complaint, or if they filed a counterclaim, they would need to dismiss it.
Would a court sanction you if they realize you file a lawsuit without any proof?
If a court determines that you filed a lawsuit without any evidence to support your claims, they may dismiss your case or impose a sanction, such as requiring you to pay the other party's legal fees. It is important to have sufficient evidence and legal grounds before filing a lawsuit to avoid such consequences.
