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If the function is the equivalent of a personal pronoun, yes.

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How does plaintiff answer to defendant's notice of motion and motion for judgment on the pleadings?

The plaintiff typically responds to a defendant's notice of motion and motion for judgment on the pleadings by filing a written opposition. In this response, the plaintiff may argue that the pleadings present sufficient facts to support their claims and demonstrate that the case should proceed to trial. They might also highlight any legal deficiencies in the defendant's arguments and provide supporting evidence or legal precedents that favor their position. Ultimately, the plaintiff seeks to convince the court to deny the defendant's motion and allow the case to continue.


What pleading can be filed by defendant?

pleadings filed by a defendant in a lawsuit is called written statement.


Only a plaintiff may file a motion for judgment on the pleadings?

No, defendants may file a motion for judgment on the pleadings as well.See: Corder v. Lewis Palmer School Dist. No. 38, 568 F.Supp.2d 1237 (D.Colo. 2008).


What are the pleadings filed by the plaintiff?

The defendant files an Answer to the Complaint. In the Answer, defendant responds to each allegation of the complaint, one by one, stating whether the defendant admits, denies or leaves plaintiff to his proofs as to each individual allegation. Also, a defendant might file a counter-claim, if defendant has an affirmative claim against plaintiff. A defendant might also file a cross-claim if defendant believes that some other person is responsible for plaintiff's damages.


What is Plantiff's motion for summary judgment in a foreclosure case?

The Plaintiff's motion for summary judgment is asking the court to rule on all pleadings that have been filed in the case. This happens if one of the defendants has filed an response or answer. The Plaintiff will usually ask for judgment when filing a motion for summary judgment.


What is the Conley case?

The case was Conley vs Gibson decided by the Supreme Court in the 1950s. Black workers had been fired and replaced by whites. The blacks brought a lawsuit against their union claiming the union had done nothing to protect them. A lawsuit is initiated with what are called "pleadings." The union argued the black plaintiff's pleadings were not a complete enough statement of their complaint, so their lawsuit should be thrown out. The requirement for a pleading says it should be a "short and plain statement of the claim." The Court ruled that a thorough explanation of the particulars of a complaint was not required and the blacks pleadings met the requirement, thus ruled in favor of the plaintiff and against the union. NOTE: The current court has modified this ruling tightening the requirement for pleadings.


If a defendant has been improperly named in the summons is there anything else the Plaintiff needs to do other than file a corrected summons and serve it on the defendant within the sixty day period?

Yes, the Plaintiff needs to amend the pleadings attached to the summons to reflect the correct name of the defendant. Usually a Petition or a Complaint.


How do you identify the issues in a case in which pleadings have not been filed?

If pleadings are filed in a case go to the pleadings and read about the causes of action involved to help establish the issues.


What is a motion for summary judgment in a foreclosure?

A summary judgment motion tells the court that based upon all the pleadings filed in the case, there are no issues of fact for the court to resolve at a trial, and that the plaintiff is entitled to a judgment without a trial, as a matter of law.


What is a person who brings a lawsuit?

The Plaintiff.


What is supplementary pleadings?

Supplementary pleadings are legal documents submitted to a court to provide additional information or clarify issues raised in the original pleadings. They are typically used to address new facts or developments that have arisen after the initial filings, ensuring that the court has the most complete and accurate information. These pleadings help to keep the case current and relevant, allowing for a fair resolution. The rules regarding supplementary pleadings may vary by jurisdiction.


Who initiates the lawsuit?

The person initiating a law suit is called an Appellant.