How can you proceed with a civil suit with only one side present? It greatly depends on how the judge views the situation. If you filed a civil suit BUT NEVER SERVED THE RESPONDANT just how did you expect the respondant to know about the case and show up in court. On the day of the case when you, your attorney and the judge show up - the judge may well consider that you abused not only HIS time but the court's time as well, he quite possibly MIGHT find you in contempt of court and fine you.
In legal contexts, the petitioner is the party who initiates a lawsuit or brings a case before a court, seeking a specific outcome or remedy. The respondent, on the other hand, is the party who responds to the claims made by the petitioner in a legal proceeding.
what happen's if a respondent dose not serve the petitioner a response to a summons
the respondent
In Illinois, whether a petitioner can contact the respondent depends on the specifics of the case, particularly if there is a restraining order in place. If a protective order exists, the petitioner is typically prohibited from contacting the respondent directly or indirectly. If no such order is in effect, the petitioner may contact the respondent, but it’s advisable to do so cautiously and consider the potential implications for their case. Always consult with a legal professional for guidance tailored to the situation.
The Petitioner is the one that files the claim or call for action & the respondent is the one that the claim is against or the opponent.
If the respondent does not want to be served, it is really not up to the petitioner to locate him. What the court wants is a concerted effort in locating the respondent so that later the respondent cannot say that no effort was made. Keep a journal of your efforts to show the court. Make an entry for every phone call, every address check, every mutual friend you talk to, every possible employer you contact, etc. You can relay this information then to the court as you learn about the individual's whereabouts, but it probably will not result in the individual being served.
The person who asked the court for the divorce. The other person is Respondent.
In a legal case, a petitioner and respondent are terms used in civil cases, where the petitioner is the party bringing the case to court and the respondent is the party being sued. On the other hand, in criminal cases, the terms plaintiff and defendant are used, with the plaintiff being the prosecution bringing charges against the defendant.
The parties to a US Supreme Court case are typically referred to as the Petitioner and the Respondent. This is approximately analogous to the Plaintiff (Petitioner) and Defendant (Respondent) in a criminal case.
One can become a respondent in a divorce case when their partner files for a divorce. The one who files the divorce is the petitioner and the other partner is the respondent.
They shouldn't alternate in any one docket. However, the petitioner in one docket (e.g., child support) might be the respondent in another, related docket (e.g., visitation).
If they refuse, and does not appeal, ile a motion for a default order.