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Civil Process

The rules of conduct for lawsuits and how cases progress through the legal system.

949 Questions

What is the minimum number of days for an informal complaint to be resolved (Equal Opportunity Complaint Process Page 2)?

The minimum number of days for an informal complaint to be resolved is typically 30 days, according to the Equal Opportunity Complaint Process. This timeframe allows for discussions and potential resolution between the parties involved. If the issue is not resolved informally, the complainant may then proceed to file a formal complaint.

What are the Rules of Civil Procedure for the State of Virginia that govern discovery?

The Rules of Civil Procedure for the State of Virginia govern discovery primarily through Rule 4:1. This rule outlines the scope of discovery, allowing parties to obtain information that is relevant to the subject matter of the action, as well as any information that could lead to the discovery of admissible evidence. It also includes provisions for depositions, interrogatories, requests for production of documents, and requests for admissions. Additionally, the rule emphasizes the duty of parties to supplement disclosures and the protection of privileged information.

If a person slander your character can you sue?

Your only legal action would be to take them to court in a civil suit for slander and defamation.

Can Mistrial happen in a civil case?

Yes. If the judge observes a legal reason, error, or other mistake, in the presentation of the case, he can declare a mis-trial. To allow the trial to continue after he observes any legal fault would quite likely result in the trial being appealed and having to eventually be re-tried.

When does a cause of action for nonpayment of a debt arise?

A cause of action for nonpayment of a debt arises when a debtor fails to fulfill their obligation to pay a debt by the due date specified in the agreement. This typically occurs after a demand for payment has been made and the debtor has not responded or paid. In some cases, the creditor may need to provide a formal notice or follow specific legal procedures before the cause of action can be formally initiated. Ultimately, the right to sue for nonpayment begins when the payment is overdue and the debtor has not remedied the situation.

Can a defendant respond to a judge related to a plantiffs Motion to set aside order for dismissal?

Yes, a defendant can respond to a judge regarding a plaintiff's motion to set aside an order for dismissal. Typically, the defendant would submit a written response or appear at the hearing to present their arguments against the motion. The judge will consider both parties' arguments before making a decision on whether to grant or deny the plaintiff's request. It's important for the defendant to adhere to any specific court rules or deadlines related to such responses.

How do you respond to a motion to strike defendants pro se answer in a civil suit?

To respond to a motion to strike a pro se defendant's answer in a civil suit, you should first review the reasons stated in the motion for striking the answer. Prepare a written opposition that addresses each point, emphasizing that pro se litigants are generally afforded leniency in procedural matters. Highlight any valid defenses or arguments presented in the answer that warrant consideration. Finally, submit your response to the court by the deadline set forth in the motion or local rules.

Can defendant file request for dismissal of lis pendens?

Yes, a defendant can file a request for dismissal of a lis pendens. This legal action is typically initiated through a motion to expunge or dismiss the lis pendens, arguing that the notice is improperly filed or that the underlying lawsuit lacks merit. If the court finds the lis pendens unjustified, it may grant the request and remove the notice, allowing the defendant to proceed without the encumbrance on their property.