0
Civil Process
The rules of conduct for lawsuits and how cases progress through the legal system.
949 Questions
What is Civil Procedured form 1.977?
It's a fact information sheet akin to a set of questions about your current assets, income and living expenses.
It is used as discovery in aid of execution for a prevailing party to determine what assets he, she or it may used to recover on a judgment for money.
What is the provision for amendment of pleadings in civil procedure code?
it is order 6 rule 17 of CPC.
How do you restart a law suit that has been postponed?
A lawsuit on the active docket would have been postponed with the consent of the judge managing the case. Usually, a postponement has been done for a limited period of time or with a rescheduled trial date, in which case, the case will restart automatically. If a case has been postponed indefinitely to accomplish some specific purpose, you can ask the court formally by motion or informally by letter to the judge or trial administrator to re-schedule the case and get it back on track for trial once that purpose has been achieved or, if it has not, then after passage of a reasonable amount of time to accomplish that purpose.
Since most persons appearing there are without counsel, Small Claims Courts tend to be run in a fairly relaxed and informal manner. You may certainly ask the presiding judge, or hearing officer, for a dismissal of the action but don't expect it to be granted.
State the name of the document used to commence a civil lawsuit against a defendant?
In the United States federal court system, the document used to initiate a civil lawsuit against a defendant is called a complaint. In the state court systems, this document is usually called a petition.
How many Eqitable remedies available in srilankan legal system?
Very interesting question. I found the answer by going to Google. Look up Sri Lanka legal system and then go to Equitable remedies (YOU SPELLED "EQUITABLE" WRONG).
I used to be a teacher and that is how I learned from my students who were too lazy to look it up. I told them to look it up and tell the whole class the next day. I looked it up and knew the answer before school started the next day.
Try spelling "Sri Lanka" and "Equitable" correctly and you will actually get information on a system that was influenced by the Roman-Dutch law possessory remedies.
Thank you for the educational lesson. I never would have looked that up before as I did not know it existed. Now you have added to my wealth of trivia.
The legal system was complicated by the large number of religious and ethnic groups there.
Dutch, Portugese, British, Muslim, Catholic, Hindus, and local laws favoring Buddism at that time. The desire to make the laws equal for all with the various assorted interests that existed was the origin of what exists today.
How do you file complaint against a judge?
You would review the state codes/laws and determine who reviews improper conduct by a judge. There is always an independant committee who is required to review every complaint. The complaint must be in writing.
What do you mean by dismissal of suit under civil procedure code?
Dismissal of a Suit finally terminates the proceedings therein before the Court in which the same was filed.
A Suit can be dismissed under the following provisions of the Civil Procedure Code
ORDER IX
Rule 2. Dismissal of suit where summons not served in consequence of plaintiffs failure to pay cost- Where on
the day so fixed it is found that the summons has not been served upon the defendant in consequence of the
failure of the plaintiff to pay the court-fee of postal charges (if any) chargeable for such service, [159][or to
present copies of the plaint or concise statements, as required by rule 9 of order VII,] the Court may make an
order that the suit be dismissed.
Rule 3. Where neither party appears, suit to be dismissed- Where neither party appears when the suit is called
on for hearing, the Court may make an order that the suit be dismissed.
Rule 5. Dismissal of suit where plaintiff after summons returned unserved, fails for one month to apply for fresh
summons- (1) Where after a summons has been issued to the defendant, or to one of several defendants,
and returned unserved the plaintiff fails, for a periods of [162][one month] from the date of the return made to
the Court by the officer ordinarily certifying to the Court returns made by the serving officers, to apply for the
issue of a fresh summons the Court shall make an order that the suit be dismissed as against such
defendant, unless the plaintiff has within the said period satisfied the Court that-
(a) he has failed after using his best endeavours to discover the residence of the defendant, who has not
been served, or
(b) such defendant is avoiding service of process, or
(c) there is any other sufficient cause for extending the time,
in which case the Court may extend the time for making such application for such period as it thinks fit.]
Rule 8. Procedure where defendant only appears- Where the defendant appears and the plaintiff does not
appear when the suit is called on for hearing, the Court shall make an order that the suit be dismissed,
unless the defendant admits the claim or part thereof, in which case the Court shall pass a decree against
the defendant upon such admission, and, where part only of the claim has been admitted, shall dismiss the
suit so far as it relates to the remainder.
ORDER IX
Rule 21. Non-compliance with order for discovery- [170][(1)] Where any party fails to comply with any order to
answer interrogatories, or for discovery or inspection of documents, he shall, if a plaintiff, be liable to have
his suit dismissed for want of prosecution, and, if a defendant, to have his defence, if any struck out, and to
be placed in the same position as if he had not defended, and the party interrogating or seeking discovery or
inspection may apply to the Court for an order to that effect and [171][an order may be made on such
application accordingly, after notice to the parties and after giving them a reasonable opportunity of being
heard.]
ORDER XX
Rule 14 . Decree in pre-emption suit- (1) Where the Court decrees a claim to pre-emption in respect of a
particular sale of property and the purchase-money has not been paid into Court, the decree shall-
(a) specify a day on or before which the purchase-money shall be so paid, and
(b) direct that on payment into Court of such purchase-money, together with the costs (if any) decrees
against the plaintiff, on or before the day referred to in clause (a), the defendant shall deliver possession of
the property to the plaintiff, whose title thereto shall be deemed to have accused from the date of such
payment, but that, if the purchase-money and the costs (if any) are not so paid, the suit shall be dismissed
with costs.
ORDER XXII
Rule 8 . When plaintiffs insolvency bars suit- (1) The insolvency of a plaintiff in any suit which the assignee or
receiver might maintain for the benefit of his creditors, shall not cause the suit to abate, unless such
assignee or receiver declines to continue the suit or (unless for any special reason the Court otherwise
directs) to give security for the costs thereof within such time as the Court may direct.
(2) Procedure where assignee fails to continue suit, or give security-Where the assignee or receiver
neglects or refuses to continue the suit and to give such security within the time so ordered, the defendant
may apply for the dismissal of the suit on the ground of the plaintiff's insolvency, and the Court may make an
order dismissing the suit and awarding to the defendant the costs which he has insured in defending the
same to be proved as a debt against the plaintiff's estate.
ORDER XXV
Rule 2 . Effect of failure to furnish security- (1) In the event of such security not being furnished within the time
fixed, the Court shall make an order dismissing the suit unless the plaintiff or plaintiffs are permitted to
withdraw therefrom.
ORDER XXX
Rule 13 . Where minor co-plaintiff attaining, majority desires to repudiate suit- (1) Where a minor co-plaintiff on
attaining majority desires to repudiate the suit, he shall apply to have his name struck out as co-plaintiff; and
the Court, if it finds that he is not a necessary party shall dismiss him from the suit on such terms as to costs
or otherwise as it thinks fit.
Rule 14 . Unreasonable or improper suit- (1) A minor on attaining majority may, if a sole plaintiff, apply that a suit
instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper.
you can bring a civil suit against anyone at any time.
good luck getting anything of it though; there haven't been any adultery cases tried (successfully) in 20 years and most states will not consider this infraction as any way illegal.
Who would you write to with a complaint about asda direct?
The MD is Andy Clarke email address...Andy.Clarke@Asda.co.uk
What does an R in a party status mean?
The letter 'R' in the status of a legal party refers to the respondent. 'Respondent' is another term for defendant used in family law cases. The opposite is 'petitioner.'
What is the difference between shipping and freight?
The difference between shipping and freight is that shipping is the transportation of goods from one destination to another, usually by sea or air. Both of these are known as sea freight shipping and air freight shipping.
Freight is the goods being shipped, it is basically another term for cargo.
Has anyone ever won a civil lawsuit against citimortgage?
Of course! However, without more detail, no one can advise you as to the probability of a victory - what kind of lawsuit, what are the facts, etc.?
Can a defendant be added to a pending lawsuit?
Under Georgia law a defendant may be added to a lawsuit within the statute of limitations upon motion to the court. A work-around is for the plaintiff to add "John Doe" place-holder defendants and a defendant may be added b substituting for a John Doe without leave of court.
Can a lis pendens prevent a buyer of a property to enter the premises?
That depends on the underlying action. The lis pendens is a notice of a lawsuit that affects the land. You should check the court listed in the lis pendens and review the file.
What form is needed to reopen a dismissed without prejudice divorce case?
You must determine the reason that the original case was DWOP'd. If it contains a 'legal defect,' correct the defect, and then re-file the case as if anew.
Yes, you can submit as many motions as you wish.
You must have the car owner sign the title over to you and then you can obtain a Certificate of Title in your own name. In fact, you should do it ASAP.
Can you refuse legal papers being served if you have a lawyer?
The question is a little unclear, but I'll do my best.
If a lawsuit is just being started against you, it is necessary that you be "served with process". That is the way that the Court gets both personal and subject-matter jurisdiction over you. If the dispute has been ongoing between you and the other party and you have not been able to resolve it, suit may be the only alternative--even if you have been represented by a lawyer until that point. Unless you consent to waive service of process and have your lawyer accept it on your behalf, the other party will have to serve you.
You can refuse service of process, but in most jurisdictions, there are other ways to effect service, such as by publication. It depends upon the nature of the action and the law of the jurisdiction.
How much money can you sue for a police officer breaking your arm?
it depends on why they broke your arm and how much it costs to fix your arm.
----
I think anything within the statute of limitations could work.
Personally, I'd go for all medical bills and half to all of missed payment from work, plus 5000 for pain and suffering.
However, if this was a situation where an individual was resisting arrest, I would go for just pain and suffering because honestly, cooperate with them and it wouldn't have happened.
If the individual was cooperating and it still occurred, then see first statement.
How do you write a letter of indemnity on property agreement?
This needs to be done with a lawyer present. It helps to ensure that everything is in order and follows all legal proceedings.
An alias summons is a duplicate summons issued at another time, or served in another way after the original has expired, or hasn't been served, or had no effect, or produced no response for some reason. Technically, the court has probably sent a second summons, since the first one didn't produce the results they thought it would. To stop the garnishment--go to court, take an attorney with you that knows what you did or didn't do. Have all your paper work for the attorney. See if you can work out an agreement with the court and lender to pay an amount that is agreeable to you both at a payment that you can afford -- BUT ..... If you do not show up and you do nothing--you will pay the $6800 + more in interest and court costs thru the garnishee which can be an amount that is not affordable to you or your family depending on the state you are in. Call An Attorney!! Do something and DO IT NOW!! Good Luck
