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Civil Cases

Civil law involves disputes between individuals or groups and usually results in monetary compensation for the injured party.

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What does it mean when a plaintiff withdraws a motion to compel?

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The plaintiff in a motion to compel is asking the court to make someone do something. If the motion is withdrawn that means the plaintiff has withdrawn that request and that particular matter is over for now.

The plaintiff in a motion to compel is asking the court to make someone do something. If the motion is withdrawn that means the plaintiff has withdrawn that request and that particular matter is over for now.

The plaintiff in a motion to compel is asking the court to make someone do something. If the motion is withdrawn that means the plaintiff has withdrawn that request and that particular matter is over for now.

The plaintiff in a motion to compel is asking the court to make someone do something. If the motion is withdrawn that means the plaintiff has withdrawn that request and that particular matter is over for now.

Can you defend yourself on civil case?

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If it is a small claims case a person isn't allowed a lawyer and people have the right to act as their own lawyer in other cases. Yet, it is smarter to hire one because they know what to do in court.

What is a motion to dismiss?

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A motion is a request to the court to do (or not do) something.

Dismiss means to throw out.

With prejudice means it can not be brought again.

If dismissed without prejudice, it can be brought again at a later time.

So, a motion to dismiss with prejudice is a request to the court to throw out the issue and never let it be brought again.

What is a motion to compel documents?

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A motion to compel is a legal motion whereby one party is asking the judge to issue a court order to the opposing party to take some action. In the context of document production, this would be part of discovery, where one party is refusing to produce some evidence, and the complaining party is trying to force them to produce that evidence. If the order is granted, the noncomplying party may be subject to severe sanctions if the requested documents are not produced, including penalties payable to the court, paying part of the other parties legal fees, and even a judicial conclusion as to the matter at issue.

Can someone video tape your house?

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Unfortunately, not too much. They cannot use the results for commercial purposes without your permission, and if it rises to the level of harassment, you can speak to law enforcement about it.

What happens after dissmissed case in want of prosecution?

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Not really enough info given with which to answer the question - - - BUT if you're looking for a definition: The term is often used in traffic cases when the officer (for whatever reason) fails to appear in court to testify against you. Dismissalal is the same as if the charge was never made, and no adverse record will apear on driving record.

What does jury trials in civil cases mean?

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It means in rare occasians the jury is involed

Motion to compel still no response from plaintiff whats next?

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It depends upon what the exact nature of the motion. If it was filed as a discovery document by legal counsel and the named person did not respond, the next step is to request the court to issue a subpoena duces tecum, which is a direct order of the court, and failure to respond or comply can result in the person being charged with contempt of court fined and/or jailed. If legal counsel or the litigant does not file such a request, the trial will go forward and a verdict will be based on the evidence at hand.

What happens if a party doesn't respond to interrogatories?

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You file a motion to compel, and ask the court to order them to do so. You also ask for attorney fees for the cost of bringing the motion.

If they still don't do so, you ask for sanctions (such as dismissing their complaint or a defense).

Yes, you file a motion to compel - but, attempt to work out the reasons why they haven't responded within the deadline to respond. Most judges do not want to be dragged into discovery disputes. If you can't work it out with the other party, then file a motion to compel.

You would not ask for attorney fees as part of that motion to compel. That's an entirely separate issue from discovery. Also, I highly doubt a judge would dismiss an entire claim over a discovery issue. Generally, if the judge is dragged into it, you or your attorney (hopefully you have one) would have a telephone hearing with the judge & other side over why they won't answer the interrogatories. Then the judge makes a ruling on that - sometimes the other side DOES have a legal argument for not answer some of the interrogatories.

So, attempt to work out the issue without court involvement, if that doesn't work, file a motion to compel discovery and the court will take it from there.

If you are sued do you have to be served the papers personally?

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It depend upon the circumstances. In most states the law only requires that a reasonable effort has been made to contact the defendant. The serving of a summons can be through regular postal service, courier or a process server.

What happens if you don't appear in a civil suit court case?

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The plaintiff wins the case by default and a judgment is entered against the defendant. A civil lawsuit summons is not a court order per se and therefore the defendant is not obligated to appear. An order of appearance from the court, interrogatories, depositions, discovery motions and so forth are different matters and the person(s) named should always respond. Legal counsel is always advisable in such matters.

What is the difference between deposition and interrogatory?

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A deposition is an event at which attorneys ask questions to a witness or to the opposing party. The questions and the answers to those questions are recorded by a court reporter. The court reporter prepares a written transcript which is known as the "deposition transcript" but is commonly referred to as "the deposition".

A deposition takes place in person or via video, and sometimes it is filmed -- particularly if the person being deposed (the witness) is terminally ill. Showing a video deposition to a jury is more effective than reading a deposition transcript. (Deposition questions may be submitted in writing, but this is rarely done.)

Interrogatories are written questions submitted by one party to the other party who answers the questions in writing.

Read more: What_is_the_difference_between_deposition_and_interrogatory

ORIGINAL ANSWER: The first main difference between an interrogatory and a deposition is who answers. In an interrogatory, the opposing party is questioned; whereas, in a deposition, a third party, or "potential witness" is questioned.

The second main usual difference between an interrogatory and a deposition is how the questions are asked. In an interrogatory, the questions are written, and answered on paper, still under oath. In a deposition, a lawyer questions the witnesses out

loud, and of course, under oath. However, deposition questions can also be presented in written format in some cases.

Where can you find the records for a lawsuit?

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You can find them in the courthouse of the county or district in which the lawsuit was filed. * Information for recent suits (1-4 weeks)that have been ruled on can be obtained from the office of the clerk of the court where the suit was heard. Information for pending suits can only be obtained by those persons named in the suit until it is settled and has become a matter of public record. Generally information for lawsuits that have been settled within the past 30 days or more will need to be obtained by the interested party through a search of public records of the court in which the suit was litigated. Finding such information might prove difficult unless the interested party knows the docket/case number, court date and the court division number.

How do juries in civil cases are different than juries in criminal cases?

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A criminal jury hears a criminal trial. A civil jury hears a civil trial.

Usually both are taken from the same pool and contain the same number of members, but this may vary by jurisdiction.

If someone files a lawsuit against you can they take all of your possessions if they win and you don't have enough money to pay at the time?

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Every state has laws that protect some of the debtor's property. For example, most states have something called a "homestead exemption" that protects a certain amount of the equity in your home. The types of property and amounts that the debtor can protect will vary by state. Certain federal laws also protect some of your assets as well. For example, a judgment creditor cannot garnish Social Security benefits. You should be able to get a more detailed list of federal and state exemptions at a local law library. It really depends upon the type of lawsuit, but in any case a person cannot lose everything they own. All states have established laws that allow a debtor/defendant to exempt certain personal and real property from attachment and sale by creditors or personal injury claims. Many states now have "caps" on the amount that can be recovered in personal injury or malpractice lawsuits, anyone involved in such a suit needs qualified legal representation. When it pertains to creditor lawsuits such as credit card debt, the debtor generally has more options and may not need to retain legal counsel. The inability to pay ones debts is not considered a valid defense against a creditor lawsuit, therefore the creditor/plaintiff prevails in 99% of such cases. In some states debtor exemptions are automatic, in others the defendant must file with the court those exemptions that apply, the homestead being the most important. If a homestead exemption is needed, the debtor must be certain that the primary residence is automatically protected under the state law or that a homestead declaration has been properly filed in the city or county recorder's office. It is always in the best interest of the defendant to obtain legal counsel and/or representation, most attorneys offer free or minimal fee consultations; in some cases the local legal aid society or a similar organization can be of assistance. To obtain more information about the state's exemptions and the method of filing, contact the clerk of the circuit court in the city or county where the lawsuit was filed. Court clerks cannot give legal advice nor comment on specific aspects of a case.

What is the definition of laches?

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"Laches" is a neglect or omission by one party to assert a right, which because of the lapse of time, has caused some type of prejudice to the legal position of an adverse party. If the prejudice to the other party's position is serious enough, a court can rule that the party that is guilty of laches as to a particular claim or defense has abandoned that claim or defense and may no longer raise it.

Can a civil case be heard by a judge or jury?

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Yes there is; however in most states a litigant must request one in the opening pleadings or as soon thereafter as possible. Many states provide that a civil jury consist of only 6 rather than 12 jurors.

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No, You bring your witnesses and evidence same as the opposing client. You are then given a chance to give your side and so is the other defendent. The judge is the on that makes the final decision. I have been to civil court many times, but I do not take anybody to court that I do not know I can win at. Also, you may not always like what the judge has to say.

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If one or both parties makes a request for a jury (a Jury Demand) there will be one. Some states limit whether juries are provided in small claims courts. There is a separate constitutional right to a jury in a civil case as well as a criminal.

How do you file for motion to discovery in civil case?

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With the Clerk of the Court's office of the court which will be hearing your case.

Can a disbarred attorney act as his own attorney in a lawsuit?

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The short answer is anyone can do what they want, but there are consequences.

A disbarred lawyer can file a lawsuit on behalf of a client; however, he is then engaged in the unauthorized practice of law and may be subject to criminal and civil penalties. Once the court becomes aware that the lawyer is disbarred, the court will not permit the disbarred lawyer from representing the client in the lawsuit.

A disbarred lawyer can file a lawsuit on his on behalf, and not be engaged in the unauthorized practice of law. Anyone can represent themselves in court.

If anyone files a frivoulous lawsuit, whether that person is a licensed attorney, disbarred attorney, or a lay-person, that person may be subject to civil penalties including attorney's fees.

What constitutes a "frivoulous" lawsuit is not always easy to determine. Generally if a lawsuit is made without a good faith basis in fact and law, or good faith basis to extend or modify, or overrule an existing law, then it is frivoulous.

What is the law on cohabitation in Illinois during a divorce?

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Cohabitation can be a factor in divorce in Illinois. Cohabitation agreements are not an option for unmarried couples in Illinois, and are not legally recognized unless one party is going through a divorce, in which case dire consequences can occur.

After hearing evidence a judge cam after hearing evidence in a case the judge direct the jury to do what?

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Unsure what is being asked. When the defense and prosecution "rest" and the case is ready to go to the jury, the judge "instructs" them in the law(s) applicable to that case before sending them into deliberation.

What does it mean to set aside a default judgement?

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A default judgement is a judgement (guilty, innocent, acquitted) that was made by a judge in lieu of a full trial. Generally this involves minor traffic violations in which the defendant doesn't show.

A motion to set aside a default judgement is a request by the defendant or the prosecution to move to a full trial and force both sides to present the case.

How do you file an estafa case?

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Find a lawyer narrates the facts and supporting evidences. The lawyer will make the formal complaint or affidavit.

File the formal complaint or affidavit to the prosecutor office where you are made to sworn.

After that do not make any offensive statement against the respondent otherwise the latter might sue you of libel or whatever, just keep your mouth shot or if ever you cannot be very careful that you could not offense the respondent.