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Civil Process
The rules of conduct for lawsuits and how cases progress through the legal system.
949 Questions
What does it mean case status stayed mean?
A case status of "stayed" means that the proceedings in a legal case are temporarily halted or suspended. This can occur for various reasons, such as pending the outcome of an appeal, the resolution of related issues, or other legal considerations. During this stay, no further action is taken on the case until the stay is lifted. Essentially, it's a pause in the legal process.
What is an example of a pleading?
A pleading is defined as "Written statements of the parties in a civil case of their positions. In the (US federal courts), the principal pleadings are the complaint and the answer. The claim, answer, counterclaim, and/or third-party claim filed in an action.
In plain English, a 'pleading' is the entire sum total of the body of the case. Instead of calling it "the case" it is referred to as the "pleading."
How do you answer a summons in Hamilton County TN?
A person can answer a summons in Hamilton county, TN by contacting the person on the paperwork. An attorney can also answer the summons for you.
What is the difference between lis alibi pendens and lis pendens?
"Alibi" means here foreign. So "lis alibi pendens" tells us that there is the same action in the foreign court, while "lis pendens" may stand for the same action in the national court.
How do you file a quiet title in Cleveland Ohio?
Briefly: A quiet title action isn't simply "filed". Quiet title actions are extremely specialized and can be costly. An attorney who specializes in real estate litigation must examine the title to determine what the issues are and the strength of your claim and what the state law says about those issues. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.
Briefly: A quiet title action isn't simply "filed". Quiet title actions are extremely specialized and can be costly. An attorney who specializes in real estate litigation must examine the title to determine what the issues are and the strength of your claim and what the state law says about those issues. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.
Briefly: A quiet title action isn't simply "filed". Quiet title actions are extremely specialized and can be costly. An attorney who specializes in real estate litigation must examine the title to determine what the issues are and the strength of your claim and what the state law says about those issues. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.
Briefly: A quiet title action isn't simply "filed". Quiet title actions are extremely specialized and can be costly. An attorney who specializes in real estate litigation must examine the title to determine what the issues are and the strength of your claim and what the state law says about those issues. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.
What do you do after motion for default has been granted in a civil case?
If a default judgment was entered against you the case is over. By failing to appear you lost the case.
Can a notice of lis pendens be filed prior to the actual lawsuit?
No. In order to file a lis pendens, the action must have been initiated and must be pending. However, depending on the type of case, you may be able to file a lien to protect your interest. I would see a real estate lawyer (if you are not already working with one)--real estate law issues can get very complicated.
What will happen if you don't pay the judgment in a civil case?
if you have the ability to do an act required under a judgment then you can be held in civil contempt and actually jailed, however if it is strictly a monetary judgment then you cannot be incarcerated, but your wages can be garnished and your assets seized by the judgment holder.
What is required to sell a small claims judgment?
If you have a valid small claims judgment that is wholly or partially unsatisfied, you may assign the judgment to a third party by filing an Assignment of Judgment form with the clerk of the court. Contact the court for a copy of this form.
What does it mean to File a suit in Proper person?
In Proper Person is from the Latin, in propria persona, often shortened to "in pro per." It means that you are acting on your own behalf, without the assistance of an attorney. The more common term is "pro se." Agreed. RA
Where should you file a lis pendens?
The lis pendens is filed in the same court where the underlying lawsuit is filed. Once filed at the court, a certified copy of the lis pendens can be recorded in the county where the property at issue is located.
Why is verify the complaint so important?
because as a owner or worker of a mechanic shop you are in buisness to make money. you don't want customers coming back with the same problem that they were in there before because in the end that will cost you money
Can a US bank freeze a checking or savings account when a person dies?
Most states requre that the probate courts be allowed to investigate all of the finances of the deceased.
In Mississippi when does an order become final upon signing or upon filing with the clerk of court?
Per Vickie Cob, Chancery Court Judge, it becomes an order, "when it flows through my mouth" of which I was found guilty for an order that on paper, did not exist.
Added: The above answer is correct in ANY jurisdiction - in point of actual fact however, any judicial order is effective the moment the judge affixes their signature to it. Its filing time/date with the Clerk of Court has NO significance whatsoever.
http://www.stcl.edu/library/TexasRulesProject/TRCP176-185/rule1851984.htm
What does motion mean in court?
"Motion" isn't a word officialy used in (European) courts (and I can't see its utility in American courts either). A motion is an idea or proposition that is brought up for discussion before a group. You would see motions brought before parliamentary bodies (that become acts &c., or are rejected) but not judicial ones.
When can you file a motion to compel?
The reason(s) the original summons was not responded to, such as it was never received, the defendant didn't have enough time to respond, and so forth. If the court finds the reasons justifiable on the defendant's behalf then it has the option of vacating the default judgment that was entered against the person/defendant. Be advised, any such claim must be substantiated simply making a statement of the circumstances will NOT qualify as a valid defense.
Answer
The motion is generally called a Motion to Vacate Default. The rules of civil procedure of the jurisdiction will specify any particular procedure for filing it; in all cases, like for all motions, a copy of it has to mailed to the other party or, if represented, to the attorney.
As stated above, the motion must state a recognized reason for not having reponded. "I forgot" will not work, but if, for example, the illness of a famility member required your undivided attention, you should set forth all of the facts.
You must state that you have a viable and legally recognized factual or legal defense to the suit; the court will not be inclined to vacate the default unless there is something substantive to determine at trial.
Finally, it is important that you file the motion before a judgment is entered. It is generally easier to get defaults vacated than default judgments.
What does the seventh amendment mean in plain words?
The seventh amendment basically means that a jury trial is guaranteed for civil cases in the federal courts.However, this type of case is usually not heard anymore in the federal court system.
Understanding the Seventh Amendment Line by Line
If you are confused by what each line means, here are some good explanations to make the Seventh Amendment easier to understand:
"In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved": When the Seventh Amendment was written in the 1700s, $20 was considered a lot of money. Today, any disputes that involve amounts less than $75000 will not be handled in a federal court.
"And no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law": It is against United States law to setting up your own court system. If a person goes to court, he will always go to a court recognized by the government. These courts are often city, country, state, or national courts.
