Civil Cases

Generally, anyone who has personal knowledge of relevant matters, is able to understand the importance of telling the truth, and is willing to take the oath (swear to tell the truth) is competent to be a witness unless a statute or rule says otherwise (for example under Federal Rule of Evidence 605, the judge presiding over the case cannot be a witness in that same case).

When they reach the age of majority, which in most states is 18 years old. There are exceptions, some states it is 19, or requires high school graduation and 18. And if there is a court order for support until they reach a certain age, it can make a difference.

Case closed statistically means something different for each situation. If a parent or teacher says case closed it means that there will be no argument. In cases of the law, it statistically means that the case has ended and a verdict has been reached.

Generally, a civil judgement automatically becomes a lien on a defendant's real property if the court in which it was granted also enters it into the state's judgment docket. Sometimes, the plaintiff has to send a copy of the judgment to the office that dockets judgments and only then will it become a lien.

In most states you can not sue for breach of promise to marry. In the states that breach of promise to marry is covered under tort law and breach of contract, you can sue for financial damages.

my landlord files too many lawsuits in retailiation against person(s) that have filed HUD complaints against it company. Is there a law against how many claims a company can bring to court, especially if they are fraudalent claims?

uh usually a court handling 2,500 dollars or less does that but im not sure.

About the only benefits are that interrogatories are less expensive and time consuming than depositions. Interrogatories can be typed up and sent to the person for written responses to each question. A deposition requires the physical presence of the parties and the witness and is recorded by a certified shorthand reporter or videotaped. These aspects of a deposition make it a more expensive way of conducting discovery than using interrogatories. Never the less, depositions are still a much more effective means of learning the facts of the other side's case.

In 2010, a total of 361,323 cases were filed in US District Courts; of those, 282,895, or 78.3%, were civil cases.

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.

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.

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.

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.

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.

It means in rare occasians the jury is involed

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.

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.

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.

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.

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.

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.

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.