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State the name of the document used to commence a civil lawsuit against a defendant?
In the United States federal court system, the document used to initiate a civil lawsuit against a defendant is called a complaint. In the state court systems, this document is usually called a petition.
How does a court get jurisdiction of a defendant?
It depends on the type of court case. In civil cases, assuming the court has subject matter jurisdiction over the lawsuit to begin with, the defendant must have minimum contacts with the state for the court to exercise personal jurisdiction over the defendant. In criminal cases, the state must prove the defendant committed the crime within the court's venue.
What are the parties in dispute?
It depends on what kind of case it is. In a criminal case the parties are called prosecutor and defendant; in a civil case they are the plaintiff and the defendant; and in family law they are the petitioner and respondent.
What party defends against a complaint?
In civil law, the party who is served with the papers beginning the civil action, and is defending the lawsuit is called the "defendant"; the party who brings the lawsuit is called the "plaintiff". In the strictest sense, the person in a criminal 'lawsuit' not a civil proceeding, is called a "defendant". The party, in the criminal action, who brings the lawsuit, a criminal proceeding, is called the "State". The representative for the criminal action against the is a Prosecutor. Please see the discussion page for further notions about using the word "defendant" instead of the label "accused" in a criminal proceeding.
How long proir to a court date must you serve someone?
A court date can not be set until a Complaint is filed. In federal court the Answer (defendant's response) must be filed within 20 days of receiving the complaint according to the Federal Rules of Civil Procedure. This time will vary depending on the state for state court. If the answer is not filed within the specified time, a default judgment will be rendered, meaning all statements in the Complaint are assumed true.
What is a cross complainant on a summons?
cross-complaintn. after a complaint has been filed against a defendant for damages or other orders of the court, the defendant may file a written complaint against the party suing him/her or against a third party as long as the subject matter is related to the original complaint. The defendant's filing of a complaint is called a cross-complaint, and the defendant is then called a cross-complainant and the party he/she sues is called a cross-defendant. The defendant must still file an answer or other response to the original complaint. If the cross-complaint is against the original plaintiff (original suer) then it can be served on the plaintiff's attorney by mail, but a third party must be served in person with the cross-complaint and a new summons issued by the clerk of the court. The cross-defendants must then file answers or other responses. These are called pleadings and must be carefully drafted (usually by an attorney) to properly state the factual as well as legal basis for the claim and contain a prayer for damages or other relief.(From LAW.COM Dictionary)
How can I file a civil suit against someone in a different state?
To file a civil suit against someone in a different state, you typically need to follow the rules of that state's court system. This usually involves filing a complaint in the appropriate court, serving the defendant with legal documents, and complying with any specific requirements for out-of-state cases. It may be helpful to consult with an attorney who is familiar with the laws and procedures in the state where you plan to file the lawsuit.
How do you repond to a defendants answer to your complaint?
Generally, there is no requirement to file any response to a defendant's answer. The complaint and answer form the issues (set forth the disputes) in the case. There is a pleading called a Reply, but it is rarely used and is not required. Of course, every state has it's own rules of civil practice so it's difficult to give a thorough answer to this question.
Does the plaintiff have to wait 30 days from when the defendant was served papers?
The time period before the plaintiff can proceed varies by state, by court and by nature of case. In some states for general lawsuits it can vary from 20 days to 35 or more. The rules of civil procedure for the court in which you file your action will specify the length of time the defendant has to answer the complaint. To get an accurate answer, you'll have to check the rules governing the time within which a defendant has to file an answer.
Can you file a motion for leave to amend a complaint to add a defendant to one case if you have already filed a cross complaint against him for the same causes of action in a separate case?
I guess it depends on the state and type of motion presented.
Does a civil complaint have to be notarized?
In federal court, the answer is no. I'm not aware of a notarization requirement for state court complaints, but state court rules could require it. In Pennsylvania state courts, a complaint needs to be "verified" but this does not require that it be notarized.
How do you file an answer to complaint to Florida civil court?
Civil suits are filed in civil court in the city or county where the defendant resides, whether the plaintiff is a creditor or the *"injured" party. The time frame between the filing of a suit and when it is heard varies greatly between jurisdictions. Most state courts have backlogs of civil suits that being the case such matters might take years before they are resolved. The time in which a creditor has to file suit against a debtor is regulated by the statute of limitation laws of the state where the debtor resides.
