I'm certain the the court has rules of procedure that address this, and the canon's of legal ethics should apply. One way or the other the other side will have to be notified in order to have the opportunity to either rebut it or file a counter-motion.
The Defendant's attorney should be responsible for filing the Stipulation discontinuing an action. The Defendant is the party who wants to be sure the Stipulation is filed. This is worth being responsible for the filing fee.
Typically, before a plaintiff files suit, he sends a demand letter to the defendant outlining the injury and requesting a specific amount of damages be paid to avoid filing a lawsuit. If the defendant's insurance company is responsible, a copy of this letter would also be sent to this insurance company.
A defendant can seek relief from a guilty verdict by filing an appeal, presenting new evidence of innocence, or filing a motion for post-conviction relief alleging constitutional violations or ineffective assistance of counsel.
The person filing a lawsuit is the Plaintiff. The person they are suing is called the defendant.
In a legal case, a defendant is the person being accused or sued, while a petitioner is the person who initiates a legal action by filing a petition or complaint.
In a civil case, the plaintiff is the party who starts the proceedings by filing a complaint against the defendant.
The person who files a lawsuit is called the plaintiff if they are the one filing the lawsuit, or the defendant if they are the one being sued.
A civil case is initiated by filing a complaint with the court, which outlines the legal claims and facts of the case. The steps involved in starting a legal proceeding in civil court include filing the complaint, serving the complaint to the defendant, the defendant filing an answer, discovery process, pretrial conferences, and ultimately a trial where the judge or jury decides the outcome of the case.
Defendant should not have a lawyer in Small Claims Court. Most small claims actions forbid having an attorney appear unless the attorney is the plaintiff or defendant.
The plaintiff is the party who initiates a civil lawsuit by filing a complaint, seeking a legal remedy for a perceived wrongdoing. The defendant is the party who is being sued or accused of the wrongdoing, and must respond to the allegations in court.
A person's income does not count after filing chapter 7 bankruptcy. All that counts is what you had before filing bankruptcy.
the plaintiff, that is the person filing the complaint against you.