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Civil Process
The rules of conduct for lawsuits and how cases progress through the legal system.
949 Questions
Whenever you are summoned to appear before a court, regardless of its location, you are advised to appear in person or to at least have an attorney appear on your behalf. Depending on the nature of the case, a warrant for your arrest (called a "bench warrant") can be issued by the judge. If that happens, you will be arrested if a police officer has reason to run your ID through his computer system, such as in the case of a traffic stop.
From the wording of your question, it SOUNDS like someone requested a Restraining Order (also known as a Protective Order) against you. That person is known as the "petitioner". When a petitioner asks the court for protection, a hearing date is automatically scheduled to determine whether the person has a good enough reason for the court to grant an order of protection. When the respondent (the person who is allegedly frightening or harming the petitioner) fails to appear in court at the time of the hearing, the court will assume that the petitioner has cause for an order of protection, and s/he will be granted an order by default. In other words, the petitioner "wins", and the respondent "loses".
This over-simplifies the process, but I think it answers your question. The bottom line is: ALWAYS GO TO COURT OR HAVE A LAWYER GO FOR YOU WHEN YOU ARE SUMMONED TO APPEAR.
What is the three prong test of mathews v eldridge?
- The interests of the individual in retaining their property, and the injury threatened by the official action
- The risk of error through the procedures used and probable value, if any, of additional or substitute procedural safeguards;
- The costs and administrative burden of the additional process, and the interests of the government in efficient adjudication
What are the advantages and disadvantages to no win no fee arrangements in civil claims?
A no win/no fee arrangement has pros and cons for both the client and the lawyer. The pro for the client is that he does not have to pay up front for the lawyer's time in bringing the lawsuit. Plus, if the lawsuit is unsuccessful, he does not have to pay for the time the lawyer spent. This makes it easier for clients to sue to protect their rights without too much risk. The con for the client is that the fee usually is about a third of the recovery, which might be higher in the long run than if the client had agreed to pay as the case went along. The cons are the reverse for the lawyer. He risks getting nothing for his time if he loses but might get more for his time than by charging just an hourly rate.
If your husband dies with a judgment against him what should you do with regard to the judgment?
Debts of a deceased person are addressed during probate procedure. All lenders are required to file a claim against the estate through the state's probate court. All US states have laws of succession (the manner in which an estate is distributed) with the surviving spouse and minor children being the first to be provided for.
If the judgment is against the deceased spouse only and the married couple were not residents of a community property state the surviving spouse is not legally responsible for the judgment debt and it can be voided by the probate court or the surviving spouse. In some cases, no legal action is needed, the judgment becomes null and void upon the death of the debtor.
How long do you have to vacate the premises when evicted in Ohio?
You should review the court order. It will recite the date by which you must vacate.
See related link for more information regarding eviction in Ohio.
Where can you find sample interrogatories for Defendant to a Plaintiff?
It's pretty simple to find examples of interrogatories from Defendant to Plaintiff. Because I am representing myself, I'm doing that myself right now.
Get to a search engine and simply type in "Examples Interrogatories Defendant to Plaintiff." I generally use "Google." You'll get more than you need.
Here are some problems an solutions I would have found helpful:
1. You will get interrogatories from all states in your search. Court rules and procedures for presenting your interrogatories differ from state.
Narrow your search to include your state only and pay attention to the format of the pages you find. Copy and paste the GOOD examples you find to your word processing program for later use.
2. The TYPE of case where individual sets of interragatories are found will vary from medical malpractice to car accidents to breach of contract, etc. Again, try to narrow your search to the type of case you have.
For example, if you rent and are fighting your landlord over some issue, put in your search "Landlord Tenant". Other examples might be Credit Debit, Insurance, Employer Employee (or hourly compensation, hiring firing, overtime, unemployment insurance, workman's compensation, benefits eligibility, etc.). You get the idea.
3. The types of files you will get when clicking on a link will vary. For example, here is a list of file types I have encountered: .pdf, .doc, .xls, .txt, .rtf, .htm, and .html.
I started a Word document. I look at the information on each link then select, copy and then past these "snippets" of information to my open document as I go along.
My "Examples Document" is just a mess . . . different formats in style, color, typeface, etc. I'll go back later, pick and choose what I want to use, reformat everything and organize the actual document I send the other side's attorney.
4. In general legal terms, the set of interrogatories you produce for the other side to answer is one method of "discovery", meaning the process of finding relevant evidence that gives your argument credibility.
Other discovery methods, for example, include Admissions, Request for Production of Documents, Deposition, List of Witnesses, and permission to visit (and take pictures of) the site, object or premises involved, and others.
As stated above, all states have their own rules regarding "discovery". Knowledge of the law, procedures and Court rules in your state is critical. If you mistakenly file a document that doesn't fit the "rules", it is possible that the other side (or the Court) could invalidate your interrogatories, even on a typographical or time related error.
I'm lucky in that I live in Michigan and have internet access to ALL the State Laws and the Michigan Court Rules. You can see what I mean through the following links:
http://www.legislature.mi.gov/(S(wgwyey45vapfhpyh5xkdas2a))/mileg.aspx?page=ChapterIndex
http://coa.courts.mi.gov/rules/documents/1chapter2civilprocedure.pdf
Good luck!
Your attorney would be best to answer that questions. Since we do not have the full facts of the case and this place does not provide legal advice since not everyone here is an attorney.
Call your lawyer or Google one for a free consultation.
If you file a quiet title with your lis penden will that stop the writ of possession in California?
A Writ of Possession in California indicates the mortgage is in default or the ownership of the property is in dispute. The case needs to be adjudicated in the court of jurisdiction. A quiet title action must also be adjudicated in the court of jurisdiction and you would need grounds in order to obtain a decree forever barring the claims of your adverse party. It cannot be used to wipe out a bona fide mortgage lien. You need to consult with an attorney to determine what your options are.
What is the legal purpose for allowing a person to sue for defamation of character?
defamation constitutes damage that requires due process if law
What are your rights if civil papers are trying to be served to you?
You should accept them and appear at the hearing.
Do you have to respond to civil summons that was not given to you?
its best to find out why you are being summoned but otherwise no you dont its not madatory
A scam--they've been in trouble for taking advantage, scaring people -- do research, NOT on their shady website -- they've been
exposed ad frauds collecting on the fear of people already in trouble-be VERY careful
What is a dismissal without prejudice?
Since it is voluntary, it would seem to indicate that the prosecutor requested that the court dismiss the charge, subject to its being re-institued at some later time, rather than by the prosecutor simply Nolle Prossing it.
It is an order issued by a judge 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.
WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again.
In addition: In civil cases a party may take or request and get a voluntary dismissal of a claim (whether a plaintiff's complaint or a defendant's counterclaim, etc) if, for example, that party is not capable of proceeding with his/her case at that particular time. The claim may be reinstated or refiled at a later date, provided the statute of limitations governing that claim has not expired.
false allegations are when a person makes up something about someone that isn't true that could get them in alot of trouble
What right does a potential buyer have to put a Lis Pendens on a property?
A lis pendens is a legal notice there is a court case pending that may affect the title to the real estate. You will need to check the information on the lis pendens to determine which court is handling the case. You can go to that court and read the file.
What is a motion for leave to file responsive pleadings out of rule?
It is a document (pleading) submitted to the Court asking for the court to allow a delayed or secondary response to what was filed by the opposing party (thus requiring a responsive pleading) out of rule of law.
Check your State Statutes for details on the provisions and governing laws of your state.
