The response to the complaint. The answer is the first document filed by a defendant in a court case. It responds to the plaintiff's complaint. The defendant may deny the plaintiff's allegations, may present new facts to defeat them, or may show why the plaintiff's facts are legally invalid. In the answer, the defendant may also make affirmative defenses and counterclaims.
Question: Does anyone know where I can view samples for filing an answer for a defendant? The answer is for a defendant (a company) being charged with negligence.
Answer: You don't even want to try.
You can be held liable if you err in your presentation.
If its worth defending then its worth the price of a lawyer.
P.S....... its called filing a defence.
Question: What questions MUST a defendant answer in Alabama if sent a interrogatory pretrial by mail?
Answer: You need to talk to an attorney. The general rule in most states for civil cases is that you must either answer an interrogatory or file an appropriate objection.
If you file an objection, the other side can ask the court to rule on the objection. If the court overrules the objection, you would be required to answer the question. If the court sustains the objection, you do not have to answer the question.
If you do fail to answer (either without filing an objection or after an objection is overruled), the other party can seek sanctions. Those sanctions can include striking of your pleadings, the award of attorneys fees to the other side, and the dismissal of any of your claims.
To give more specific answers, a person would have to know all the details about the case -- in other words, be your attorney. If you are in a civil case and it is complex enough that the other side is sending interrogatories, you are setting yourself up for serious trouble if you do not consult with an attorney licensed to practice in Alabama.
Question: How long does defendant have answer complaint federal court? Can you include the source/citation?
Also, can you give me an example of a Texas federal court complaint?
Answer: 60 days after service was effected if in the US, 90 if outside the US.
Question: What happens if a defendant does not answer a motion? I am the plaintiff in a course of action. I have filed several motions in court for a Preliminary Injunction. I filed the Preliminary Motion first, next, I filed a Brief in Support of the Motion, I then filed a Motion to Modify Brief, following which I was granted a hearing date and subsequently filed a Notice of Hearing. All of which were served on and received by the defendants. The defendants have not responded to any of these motions either positively or negatively.
What should be my other course of action? What happens if a defendant does not respond to the motions?
If the defendants fail to show up for court, what happens?
Can I automatically win the case or does this not have a bearing on the court's determination?
Thanks so much!
Answer: You will probably win.
Question: I won a case (NJ) on default of failure for defendant to answer. Now they hire an attorney and want to dismiss the judgement being entered because they say they were waiting for an answer if their insurance would cover the case. If you default by not even answering the court, shouldn't that be the end of it?
Answer: Yes, technically, if you do not answer a charge in court, you are found guilty by default. A great many people believe that if they dont show up in court, the case just wont go through. Then reality of the law hits them with a guilty verdict. What they are doing now is using a shyster lawyer in an attempt to subjugate the laws they just ignored and plead ignorance and waiting for an answer from an insurance company. I am not familiar with NJ law nor am I a lawyer. My best and only advice would be to retain legal help (attorney) of your own to see where you stand since you technically already won this case.
Best of luck and I hope you can find this useful
Question: What will the Equal Employment Opportunity Commission do if the defendant does not answer a complaint?
Answer: the defendant loses by default
I would assume...
Question: Why is a default judgment not enter when defendant failed to plead or answer default notice? In a civil suit, a defendant failed to answer timely to the complaint in the 20 days period. he did not request for an extention of time or responding to the notice of default. After filing the motions, the court clerk still did not enter a default against that defendant, anyone knows why or what to do?r
Answer: Petition the judge to enter the default. A clerk can only enter the default in certain circumstances, and is not actually required to under most rules of civil procedure.
When in doubt, the best bet is always to file a petition with the judge and have the judge rule on the matter.
Question: What would happen if a defendant decided to not answer the judge when they ask how he/she enters their plea? What would be the next action?
How much time do they have to answer the question? Also, if no one was giving an answer how much time is given and what would be the result?
I am asking as if there were no lawyer present.
Answer: Your counsel would answer for you. There is no good reason for you to be in court without counsel.
If you refuse to enter a plea, the court would enter a plea for you, generally 'Not Guilty' and your case would move forward to trial.
You might be charged with contempt of court, depending on your demeanor in court.
Question: Typically, how long does a Plaintiff have to answer a Defendant's response? I am located in Ohio, but any input would be greatly appreciated.
I mean time wise, I did call the court where we filed, and they told me they didn't know?!
Answer: It may depend on whether it is in State or Federal court. Call the courthouse where the claim was filed and ask.
Question: What is the next step after filing a complaint when there is no answer from the Defendant? This is NOT homework!
Answer: depends on what type of complaint you filed. is it a law suit. a plolice matter did you file it with the courts or da. not sure what to say cause there are many different complaints to file
Question: Wonder if the defendant doesn't answer or show up to small claims court? I am taking a person to small claims because they did not insure a package through USPS and USPS lost the package. I am wondering because I can't get a hold of the seller through phone and email too go a different route. I do have his address. My only question is he lives in a different state and if he doesn't respond back to the court what happens then? Will I loose the case or will I win?
Answer: your state's small claims courts don't have jurisdiction over citizens of other states unless there's a specific statute authorizing it. it's more likely that not that you'll have to go to the defendant's home state and bring a small claims case against him there.
Question: Defendant's Answer To Complaint...? Are there mandatory standards for when a Defendant answers a complaint? Or are they allowed to simply answer with two pages saying "1. Admit. 2. Admit. 3. Deny. 4. Deny." and so on? Are they required to elaborate on every number, not just deny or admit?
Answer: This doesn't sound like an answer to a complaint. It honestly sounds like they answered Requests for Admissions. Those are the accepted answers for an Request for Admissions.
It really depends on what type of court you are answering in. Small Claims Court usually doesn't have any kind of format. Usually, you can even pick up a fill out form for an answer. In district court, there are usually "local rules" that must be adhered to, but they are basic.
Are they required to elaborate? No. In fact, I can probably recite our client's general denial verbatim. It is usually a paragraph long that just basically says Defendant denies all allegations set forth and another paragraph that prays Plaintiff take nothing from it's suit and Defendant recover costs of court. The only thing that needs to be listed are affirmative defenses and these are not available for all causes of action.
**CAVEAT** I have 1-2 users that intentionally troll my answers to do nothing but automatically rate my answers with a thumbs down regardless of how accurate my answer is. My answer is NOT LEGAL advice and contains information easily found through Internet research. The unauthorized practice of law is defined as giving legal advice and/or representation TO CLIENTS. My answer in no way forms a client relationship. I am also not an attorney.
Paralegals are not licensed to practice in any state, nor are paralegals regulated by any legal body. Registration is voluntary in a few states. Please do your research and know more about the paralegal profession before accusing anyone of committing UPL or ignorantly stating that a paralegal license (which no US paralegal has because it does not exist) or education can be revoked.
Question: One defendant didn't answer to my unlawful detainer. What to do? I'm a landlord who just served my tenants with an unlawful detainer. I listed both husband and wife on my complaint but only the wife answered the complaint. I've asked for a trial date which is nextweek.
Do I need to file a default on the husband? If so can you tell me the name of the documents I need to file for default? (Ex: UD110, CIV 100) Do I need to file a writ?
Answer: File the "Request For Court Judgment" against the husband as soon as possible. That is the name of the document you need in my state.
You can't get a "Writ Of Possession" until the judge signs off on the default which won't be given until after the hearing...if you win against the wife. The default against the husband will only be a money judgment until you have a final ruling against the wife saying you have a right of possession.
At that point you can move against both the husband and wife to removed from the premises.
Question: What if Defendants do not answer any of Plaintiff's discovery questions? What if Defendants do not answer ANY of Plaintiff's discovery questions and the judge ignores a Motion To Compel to have Defendants answer discovery?
Plaintiff is pro se, jurisdiction is federal court.
Not depositions. Written interrogatories, requests for production, and requests for admission.
UNTIMELY objections were made by Defendants, Plaintiff responded to objections, and judge has still not acted.
Answer: Did the defendants raise objections to the questions asked during discovery? If so, and the judge denied the motion to compel, he most likely agreed with the defendants, sustained the objections, and ruled that the defendants do not have to answer the discovery for the reason stated in the objections.
If the defendants have made objections, then a hearing must be scheduled so that the judge will rule on those objections. A judge does not review every request for discovery that is made in a case. If there is a problem, it must be brought to the judge's attention.
Question: In a civil suit, how many times can a DEFENDANT change or add to the ANSWER of a COMPLAINT? Be specific please!
How does a demurrer or Anit SLAPP motion work?
Answer: My impression is that, once the answer is filed, it cannot be amended without a showing of good cause or that the complaint is amended. If the complaint is amended, you can obviously amend your answer. Be aware that there are certain motions that can be made prior to the filing of an answer such as a demurrer or an anti-SLAPP motion. These should not be confused with answers. Give me 10 points.
Edit:A demurrer is a motion brought that essentially says the complaint itself is deficient "on it's face." What that means is that complaint, by itself, is deficient for some reason, no evidence can be heard at demurrer. An anti-SLAPP motion is a motion to counter a Strategic Lawsuit Against Public Participation. If the complain attacks your first amendment rights, you can file an anti-SLAPP before you answer. Check out a U.S. Supreme Court decision called New York Times v. Sullivan for an illustration. Back to your question, if you have already answered, you cannot demur. You can however amend your answer by making a motion to amend. State your reasons to amend and why there is good cause to allow you to amend. If you have access to a local law library, the book you are looking for is likely called "Civil Procedure Before Trial." Pull the volume and look through the index to find "complaint" or "amend." Every state will have it's own law governing.
edit. What? I answer your question and no best answer?
Question: What happens if the defendant's attorney will not answer to a requested date for deposition?
Answer: If they do not show up for the deposition, then the plaintiff will have to file a Motion to Compel.
Question: How many times can a DEFENDANT change or add to the ANSWER of a COMPLAINT? !
Answer: Specifically: You have to check the specific rules that apply to the specific court.
Question: what happens if a judge makes a judgement and the defendant still refuses to pay. uk answer please? i made a claim against my neighbour for damage to my garden,he built an extention on his boundy without planning permisstion my garden fell into his foundtion.he has not answered the court letters so l have ask the judge to make judgement,what happens if he refuses to pay for the damage he has done. he has a fish and chip shop
Answer: I'm assuming here you made small claim in the County Court. Once the time to reply to the summons has expired, if they have done nothing to answer or defend it you are entitled to ask for judgement to be entered in your favour by default. There are time limits for you to do this.
You can't get blood out of a stone, the judgement in your favour does not include any enforcement action other than the Courts letter telling him to pay you.
He may well ignore it, if you do not take additional action you'll get nothing.
If they dont pay up details will be entered into a record so credit reference agencies will see they have an outstanding judgement.
You are entitled to interest but read the advice leaflets the court can give you, use exactly the correct form of words to claim it.
There are various steps to try and enforce the judgement but be aware the first trick your neighbour will probably try and pull is to whinge and ask for judgment to be set aside so they can drag it out and then turn up at court to defend your claim. In my experience most judges let them do this so you get more demoralised.
If you still secure judgement you can ask for an oral examination where you force him to disclose what he's got, you can ask bailiffs to go in -in my experience is a waste of time, bailiffs can't take tools of the trade, bedding, things onhire purchase etc you'll get nothing that way,although I'd love to be proved wrong.
There is a process called garnishee, if you know his bank you can get money that way. If they have other outstanding judgments you'll join the line with all the others.
You can consider making them bankrupt but check, theres a minimum debt level before that applies.
Persistent wont payers often wins against people who get put off by the systemn .. so good luck, unfortunately each step you take to enforce your judgement costs you money up front although if you win through you keep adding it on his debt.
Question: what in an interrogatory does the defendant have to answer in alabama?
Answer: An interrogatory is written question that you must answer under oath. It is kin to depositions where you must answer oral questions under oath. The benefit of interrogatory is you have a little time to think of your answer and have counsel to help you through the answers.
Question: What are the steps of Summary Judgment in Federal Court in MI besides filing the Motion and defendants answer? Best answer receives the points.
Answer: Complaint is filed with the court. Complaint is served upon the defendant. Within 20 days after the complaint is served, the defendant must file an answer to avoid default judgment. After the complaint is filed, the party that filed the complaint can file a motion for summary judgment by alleging that there is no issue of fact that the court must hear and rule upon. The defendant may file a response to the motion for summary judgment saying that there are issues of fact that have to be heard. The court will then read both motions and the complaint and make a determination if there is an issue of fact that needs to be litigated. If there is no issue of fact that the court finds, they will sustain the motion for summary judgment.
That is it in a nutshell.
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