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More than likely the defendant is using a technicality that can be as simple as the wording in the original filing petition(s). The party involved may be able to modify the suit or may need to refile the entire case. State laws govern the civil action process, therefore any remedy available depends on the applicable state statutes.
What else can I help you with?
What is an answer and cross-complaint?
In Civil Law, an “answer” is the first formal response given by the defense to a complaint filed with the court by the plaintiff. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.
When initiating a legal suit by filing a complaint what should the complaint include?
In Civil Law, a “complaint” is the very first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to the dispute, and any demands made by the plaintiff to restore justice.
What factors does a defense use in civil case against the plaintiff?
Your question is too broad to be answered as written, as the nature of the defense depends upon the cause of action asserted by the Plaintiff.
What defense provides justification of a tort?
The defense of consent can provide justification of a tort if the defendant can show that the plaintiff agreed to the conduct that caused the harm. This defense asserts that the plaintiff willingly accepted the risk associated with the defendant's actions.
What is the difference between an affirmative defense and a defense in legal proceedings?
An affirmative defense is when the defendant presents new evidence to counter the plaintiff's claims, while a defense in legal proceedings is a general denial or rebuttal of the plaintiff's claims without presenting new evidence.
When filing a motion to dismiss can you assert an affirmative defense?
The majority of courts generally will not dismiss a complaint at the pleading stag based on affirmative defense, dismissal at this stage may be appropriate when the allegations in the complaint establish the defense.
Which malpractice defense is most likely to be asserted due to a passage of time?
Statute of limitations
The assertion of innocence as a defense against malpractice charges is called?
release of tortfeasor
Who starts first the plaintiff or the defense?
The plaintiff - their legal representative outlines the case for the prosecution. It's then up to the defence barrister to answer the allegations on behalf of the defendant.
What is the preferred defense in a negligence suit?
The preferred defense in a negligence suit is to argue that the defendant did not owe a duty of care to the plaintiff, did not breach that duty, or that the plaintiff's own actions contributed to their injury (contributory negligence or assumption of risk). Additionally, the defendant may argue that the plaintiff's injury was not directly caused by their actions.
What does representation by counsel mean?
It generally means the access by a plaintiff to a lawyer who directs his defense.
When answering a deficiency judgment complaint can you also ask for dismissal of the case based on personal insolvency?
Insolvency is not a defense to a complaint for a foreclosure deficiency. If you have filed bankruptcy and the debt was discharged, that would be a defense.
