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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.

Does a lawsuit have to be filed in the state of residence of the person being sued?

No, a lawsuit does not have to be filed in the state of residence of the person being sued. Generally, a plaintiff can file a lawsuit in any state where the court has personal jurisdiction over the defendant and subject matter jurisdiction over the case. This often includes the defendant's residence, the location where the dispute occurred, or where the defendant conducts business. However, specific rules can vary by jurisdiction and case type.

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.

How long does plaintiff have to respond to answer of complaint in civil court in Ky?

In Kentucky, the plaintiff typically has 30 days to respond to the defendant's answer to a complaint. This response is usually in the form of a reply, which may address any new matters raised in the defendant's answer. However, if the defendant's answer includes a counterclaim, the plaintiff must respond to that counterclaim within the same 30-day period. Always check local rules or consult an attorney for specific guidance.

Can i file a lawsuit against child support office?

Yes, you can file a lawsuit against a child support office, but the grounds for doing so must be valid, such as claims of negligence, wrongful denial of services, or failure to enforce a child support order. However, legal protections often exist for government entities, which can complicate the process. It's advisable to consult with an attorney who specializes in family law to understand your options and the likelihood of success in your specific situation.

Is it true that there's a lawsuit against Laly Marquez?

As of my last knowledge update in October 2023, I do not have any specific information regarding a lawsuit against Laly Marquez. For the most current and accurate information, it is advisable to check reliable news sources or legal databases.

Can a company officer represent his corporation in a lawsuit in Florida?

Yes. --- Or no. If the emlpoyee is a licensed attorney in another State, the court of the State of FLA will either grant him temporary privileges to practice law for this one case -- or if the judge feels has grasp of FLorida law insufficient, the judge will deny this motion. If he is not an attorney, his being an officer in the firm is unlikely to get the Florida Bar to allow him to represent not himself, but a client (his employer). If he IS an attorney, licensed in FLA, then yes -- he can represent the firm in a FLA based case. If he's not a lawyer, his representing his firm is probably a bad idea. This isn't to say he shoudln't participate int he defense or complaint, but judges get really impatient with failures in protocol. It's the quickest way to lose a case that I know.

Is an IP address alone enough evidence of illegal activity in court?

No, it's not. IP address give a right to get permission from a judge to check your computer for illegal, stolen and so on stuff. The last ones are evidence enough in court.

I am a witness in a civil suit. The trial date was cancelled. How much notice must I be given to appear at the rescheduled trial date?

Every jurisdication is different, and rules of court differ.

The practical answer to your question is this: Call the attorney who issued the supboena to you. That is the attorney that wants you to appear as a witness. Tell that attorney how much notice you NEED, and request that they provide you with that notice when and if the case is rescheduled. Follow up the phone call with a letter that says, "As a reminder, you've agreed to provide me with __ days notice if you will need me to appear at trial as a witness in your case. I appreciate your cooperation."

Sometimes, the best solution is simply asking for what you need. Attorneys get very busy when they are preparing for trial. It's easy for them to issue subpoenas which require that you appear in court, and often they don't have "time" to worry about how inconvenient it might be for you without more notice. But, your convenience is not their concern or duty. They worry about their client, not their witnesses.

I, personally, always try to be as courteous to my witnesses as possible. It is beneficial to my client when I DON'T make my witnesses angry!!

Can personal property be levied when a judgment is placed against you for credit card deliquency?

Answer: If your credit card company obtains a judgment against you they may take any property of value that they can find.

Can a civil suit take inherited land?

The question is too general in nature to answer in specifics.

IN GENERAL: If the property in question is the subject of the lawsuit, most assuredly.

If the ownership of the inherited land had already passed to the defendant in the lawsuit prior to the time the suit was filed, yes, it is considered part of his assets.

However, if the defendant received the inherited property after the suit was filed, probably not.

Consult with an attorney for a correct opinion specific to your individual case.

What does it mean dismissed as without merit?

It usually means that the charges that were made, or the charge that was brought, is not substantiated/supported by the evidence presented.

What are disadvantages of the adversarial system?

# parties may argue against each other without the regard for the truth, because the pursuit of winning often overshadows the search for truth and thus and parties are sometimes inclined to ignore the truth. # since jury's trial is part of the system, some disadvantages of jury trail also belong to adversary system, such as the delays in cases coming to the court or the postponement of the cases. This is a flaw in the system as lengthy in cases coming to court find the victims have trouble remembering every detail of their ordeals. # trial can be delayed, prolonged and costly # it's may become winning the case more important than the truth.

When must recto law resulted to?

Article 1484 of the Civil Code provides for the remedies of a seller in contracts of sale of personal property by installments, and incorporates the provisions of Act No. 4122, known as the Installment Sales Law or the Recto Law, which then amended Article 1454 of the Civil Code of 1889.

RATIONALE - the object of Recto Law was to remedy the abuses committed in connection with the foreclosure of chattel mortgages and was meant to prevent mortgagees from seizing the mortgaged property, buying it at foreclosure sale for a low price and then bringing suit against the mortgagor for a deficiency judgment.

What might you want to include in a letter of complaint?

You might want to include what it is you're complaining about and how they can make whatever it is you're talking about better.

The nature of the complaint

Can the IRS take life insurance?

The policy would not be subject to seizure during the person's lifetime and it Could not be used to pay tax arrearages if there is a beneficiary named at the time of the insured death. If the issue concerns tax owed by a deceased and a death benefit received by the deceased's spouse who was a joint filer, then the surviving spouse would be liable for said tax arrearages.

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