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When defendant answers a complaint without being served by plaintiff must the plaintiff still properly serve complaint?
Yes, the plaintiff must still properly serve the complaint on the defendant. The fact that the defendant answers the complaint without being served does not waive the requirement for proper service. Proper service is necessary to provide notice to the defendant and ensure that they have a fair opportunity to respond to the lawsuit.
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Does the defendant make allegations in the plaintiffs complaint?
No, the defendant does not make the allegations in the complaint. The plaintiff makes the allegations. The Defendant answers or responds to each of them by either admitting or denying them or by saying neither admitting nor denying but leaving plaintiff to its proofs.
What is a cross complainant on a summons?
cross-complaintn. after a complaint has been filed against a defendant for damages or other orders of the court, the defendant may file a written complaint against the party suing him/her or against a third party as long as the subject matter is related to the original complaint. The defendant's filing of a complaint is called a cross-complaint, and the defendant is then called a cross-complainant and the party he/she sues is called a cross-defendant. The defendant must still file an answer or other response to the original complaint. If the cross-complaint is against the original plaintiff (original suer) then it can be served on the plaintiff's attorney by mail, but a third party must be served in person with the cross-complaint and a new summons issued by the clerk of the court. The cross-defendants must then file answers or other responses. These are called pleadings and must be carefully drafted (usually by an attorney) to properly state the factual as well as legal basis for the claim and contain a prayer for damages or other relief.(From LAW.COM Dictionary)
In litigation what's the difference between an answer and a response?
In terms of written pleadings, an Answer is the first document filed by a defendant in a lawsuit. In the answer the defendant answers or responds to each individual allegation made in the Complaint. If the defendant does not answer the complaint, the court might enter judgment against defendant. A Response is a more general category of pleadings meaning just about every type of paper that responds to some paper filed by the other party, whether it is the plaintiff or defendant. Example: The defendant files a motion to dismiss or for summary judgment or for additional discovery. The plaintiff is required to respond to the request and give reasons why the request should be denied or the court will most likely grant the relief requested. Note that the "Answer" is a responsive pleading, therefore it could be called a Response in a way. But Responses that are in answer to requests during trial like the ones above and not called Answers. The term Answer is left to describe the defendant's pleading that gives his or her answers to the allegations of the Complaint
What happens when you don't respond to a divorce summons in the 20 days a lotted?
Two things to know. First, if a person does not answer the summons and complaint in the time allotted, the court will let the plaintiff proceed with the case pretty much as if the defendant agrees with all the allegations and demands made in the complaint. The plaintiff will have to prove that service of the summons was made properly just so the court is sure that the failure to answer is not just because the defendant does not know about it. The court will schedule a proof hearing at which time the plaintiff will testify to the truthfulness of the allegations of the complaint. If the court is satisfied the allegations are true, it will enter a default judgment granting the plaintiff's demands as long as those demands are supported by the facts. Second, the court will not cut off a defendant from filing an answer just because the 20 day period has expired. All courts have rules that permit filing a late Answer provided there is some reasonable reason for the lateness. Plaintiffs's lawyers know that courts will allow late answers very liberally, so much so that they usually consent to a late answer without making the defendant ask the court to be allowed to file late.
The Defendant has removed the case to Federal Court and filed an Answer?
Once a case is removed to Federal Court, the parties will proceed with the litigation in the federal forum. The Defendant's filing of an Answer indicates that they are responding to the allegations raised in the complaint and presenting their defense to the claims asserted by the Plaintiff. Both parties will continue to engage in the legal process as the case moves forward in Federal Court.
How do you release a defendant in a civil suit?
"Release" them from what? POSSIBLE Answers: Civil defendants are not incarcerated so there is no 'release' from jail involved. The plaintiff may withdraw the lawsuit thereby 'releasing' the defendant from having to defend himself. The judge can 'release' (or dismiss) a defendant from a suit if they find insufficient cause that he was included in it.
How do you file a civil suit for back child support?
The defendant's response should be a written statement with a copy of the heading of the summons included or all information contained therein, (case number, court division number, date and time of hearing, plaintiff, etc,). The statement from the defendant is simply his or her answers based only on pertinent facts to all the charges made in the suit. The defendant sends a copy to the plaintiff and/or plaintiff's attorney and files a copy in the office of the clerk of the court that issued the summons.
What happens if defendant' does not answer plaintiff first set of interrogatories request for admissions and request for production of document?
Depending on state laws, you have 30 days to file answers to them, if you fail to do so they can be deemed true and not contested and a judgment against you will be put before a judge.
Answers for problem questions in tort?
What is the purpose of tort law? Tort law aims to compensate individuals who have suffered harm or injury as a result of another person's wrongful act, while also deterring future harmful behavior by holding wrongdoers accountable. What is the difference between intentional torts and negligence? Intentional torts are committed intentionally by the defendant, while negligence involves the defendant's failure to exercise reasonable care, resulting in harm to the plaintiff. What is the doctrine of res ipsa loquitur? Res ipsa loquitur is a legal doctrine that allows a plaintiff to establish a defendant's negligence based on the circumstances of the injury itself, when direct evidence of the defendant's negligence is lacking.
How do you file an answer to a civil lawsuit in Kentucky?
The answer to a civil suit is known as a "first pleading". The defendant answers each charge as a denial or an acceptance. Example: A first defense and the best defense would be that "The plaintiff fails to state a claim against the defendant which could be granted relief under existing statutes" (meaning the debt itself is not valid/owed). The next best defense would be "If the defendant is indeed indebted to the plaintiff for reasons stated in the complaint, he/she is indebted to them jointly with_____" (meaning the plaintiff did not bring suit against all parties who owe the debt). An so on and so forth. It is not necessary for the defendant to concern themselves with the use of "legalspeak" (legal terminology), but conciseness is the best choice. The defendant should always bear in mind that they are presumed to be under oath and should under no circumstances impart any information that is not truthful. Please be advised, failure to appear at the trial (or hearing) can result in a default judgment being entered against the defendant/debtor Copies of your response should be sent to the plaintiff's legal counsel and to the office of the clerk of the court where the summons was issued. The contact information can be found on the summons. The correspondence should be sent by certified mail with a receipt requested. For most pleadings in Indiana, you have 20 days after you receive the complaint to respond with your answer; as defined by Indiana Trial Rule 6(C). However, some specific types of pleadings require a response within 10 days (see T.R. 6). It is always advisable for the defendant to retain legal counsel or at least seek legal advice to be assured that all his or her rights are protected.
Can a defendant ask a lawyer for the prosecution questions?
No. A defendant cannot ask for pre-trial access to the prosecution's questions. The unrehearsed nature of the defendant's answers to the prosecutor's questions reveal more of the truth than a planned performance would.
A plaintiff may choose to have a civil trial in front of a jury if the amount in controversy is greater than twenty dollars?
A+ Answers "True" :)
