Civil Process

"Pro se" refers to the fact that the party is not represented by a lawyer--that he, she, or it is representing him/her/itself. Either a plaintiff or a defendant may be pro se, although in some types of matters and jurisdictions, an attorney will be required to represent a corporation.

Our local District Court Clerk told us yesterday to:

1) Type a heading almost exactly like the complaint (not the summons) you received, including case number, names, etc.

2) Answer, even with a simple yes or no, each numbered statement on the summons.

3) Make three copies, one for yourself, one for the court, and one for the Plaintiff.

4) Obtain a copy of "Certificate of Service," make three copies (as above), and fill out as if you were delivering or mailing the answer.

5) Deliver or mail the answer to the original Plaintiff, with delivery of service form filled out, probably a law firm in your area.

6) File the answer with the court, and ask if they give a receipt.

7) Since the filing fee has already been paid, this should cost you nothing.

Please let me know how this worked out for you, and I will do the same.

i would say yes but if you read the patriot act it pretty much says "EFF that amendment, theres terrorists out there who don't get a trial so we now dont have to give anyone a trial!" isn't our government geat?! abunch of EFFlords is wut they are.... anyway if you wanna see wut im talkin about look up US constitution vs pstriot act

The purpose of the Seventh Amendment is to have the right to trial by jury in cases over $1500. If it is less, then the small claims court will handle it. It was formaly $20 because back then, $20 was a lot more money. Alyssa R. Monday, June 22, 2009

It means that the lawsuit has been dismissed, typically after being decided on the merits, and cannot be refiled.

The foregoing answer is correct. The dismissal with prejudice can also be voluntary on the part of the plaintiff. That is often a condition of a settlement of litigation.

It is an order issued by a judge actually dismissing the charges that were brought in the case - usually for some legal insufficiency, or lack of evidence, of the case itself. There are two types of dismissal: Dismissal WITH Prejudice, and Dismissal WITHOUT Prejudice. WITH prejudice means that the same charges cannot be re-instituted and brought before the court again,. WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again AFTER the legal insufficiency is cured.

There is no such case. Hank and Linda Cavanaugh are movie characters in Widow on the Hill which is based on a real story. The real case is the trial of Donna Somerville for the murder of her husband, Hamilton Somerville Jr. She was found not guilty in 2004. You can read the articles on the case at the Related Link.

You don't answer the lis pendens. You will answer the summons and complaint that the lis pendens is referencing. (Remember that the purpose of a lis pendens is to notify anyone whom it may concern that a lawsuit is pending which affects title to real property.) I strongly recommend you consult with an real estate attorney if you have received a lis pendens or know that one is recorded against your property. Relevant links are below.

Libel

Was it something you were supposed to do or something you were not allowed to do?

You could certainly be fired for something you didn't do, if it was your job to do it.

Firing someone for a false report of a violation is a more complicated answer and may depend upon what kind of contract you have, whether it is a civil service job, whether there are union rules, whether others have been fired for similar violations, whether you are a member of a protected class (race, age, etc), and many other factors.

If you were fired because someone falsely accused you they have slandered you, and have harmed you through constructive fraud. There is nothing complicated abut slander and fraud. An employer has the right to terminate an employee for whatever reason he wants, but to destroy the employees character is not a right.

An alias summons, in most jurisdictions, is what the summons is called on the second attempt to serve the defendant with process. Service of it is accomplished in the same way that the original summons is served, unless governing law provides differently. The third and subsequent summonses are often referred to as pluries summonses.

Not with a properly named beneficiary.

If the beneficiary is the owner can the life insurance policy be attached by a lien?

If the person is deceased than you now have the money. I guess it depends on what entity is putting a lien on. Certainly the IRS can do anything they wish. I don't think any other entity can put a lien on the money any more than they could your 401K or Savings account. If you are truly concerned you should check with your lawyer.

You CAN, if you wish to try. I doubt that it would be granted. FURTHER: You are asking for a legal opinion based on absolutely NO information whatsoever.

Actually, you do not need any more information. Under most civil rules, a motion to dismiss must be filed before an answer, or with the answer. Motions to Dismiss are often granted if warranted. A motion to dismiss is Rule 12 of the Rules of Civil Procedure. Check it out for your state. It is the same for federal rules, as well.

A Motion to Compel is filed by a party seeking information from another party or non-party to a pending lawsuit. The motion essentially asks a judge to require the other party to provide information or documents to the party who filed the motion.

Yes, you can appeal it, because the order dismissing a case is considered a final order rather than an inter locutory order, because the dismissal ends the case.

It is called a constitution.

Unless your jurisdiction addrsses this subject in some local statute, other than the fact that a same day service would be questionable, there is no limitation to my knowledge.

A case dismissed with prejudice means it can not ever be brought again. A case dismissed without prejudice may be brought again as long as the statute of limitations governing the case has not expired.

You must be the age of majority established by the state of residency before you can sue or be sued. The age of majority in most states is 18, in Alabama and Nebraska it is 19, in Mississippi and Pennsylvania it is 21. The parent(s) or legal guardian of a minor can file a lawsuit on his/her behalf. A minor's parents or legal guardian in some instances can be sued for damages the minor may have caused. The majority of states have laws regarding the monetary recovery that the parent(s) or guardian can be held responsible for and establish the conditions under which a lawsuit of this type can be inititated.

A civil case is one involving noncriminal matter such as a contract or a claim of patent infringement.

true

If you don't show up on the court date, a default judgment will be entered, including court costs and service fees. The plaintiff may require you to come in to court to answer questions about your assets after the judgment is entered, and if you don't show up, a warrant may be issued for your arrest. If you lack the funds to pay the plaintiff, it is to your advantage to contact the plaintiff to arrange for a payment plan to be made.

Mostly anyone can be selected to counsel someone in a court of law. Most small claims courts restrict the use of lawyers as legal representation. Most of the work takes place before any court date, when all evidence must be submitted to the court and both counsels outline their positions. On the actual court date, in most cases the prosecution will outline their case against the defendent and then the defendent can argue their innocence. During opening statements to the court, this is not the time to issue objections. After opening statements the prosecution will open its case and maybe call witnesses. The defense counsel will have the chance to question any witnesses. You can question any witness within reasonable grounds, you must always have relevance to the matter at hand. The judge will not be impressed if you try to question a witness about anything not relevant ie. unrelated events from many years ago, political views, private life. Leading questions will also be thrown out, for example 'The weather on that day was cloudy, wet and windy wasn't it?' This would be a clear example trying to lead a witness. In defending someone you will be allowed to call witness or the defendent but you cannot announce a witness to the court-it is not TV. In most cases witnesses need to be summoned to appear and the prosecution must be allowed notice of any evidence or witnesses you intend to produce-you are allowed the same procedures. An endless parade of character witnesses will not be tolerated, again you must stick to the case at hand. At this time your defendent can chose whether to give evidence or not. Having choosen this the defendent must be prepared to be questioned by the prosecution, the defendent can refuse to answer any questions but must accept such actions can prejudice their case. Finally, both teams can give closing statements to the court before the verdict is considered. I would always counsel that anyone going to court should consult a legal specialist. The person who represents themselves is either a fool or as a client who is one.