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Once the requisite time to respond to the complaint has passed, the defendant is "in default"; this may be automatic, [12] or it may require the court clerk to enter the default (which may, in turn, require that the plaintiff request entry of the default). [13] Some defaults do not take effect until a set period of time after the clerk acts. [14]
When a complaint is filed at the clerk of court (commencing the action), the clerk or judge will automatically issue a summons letting the defendant know about the claim and that if defendant does not respond, defendant will lose by default. Service of process may be made by an officer or an appointed, competent, uninterested person.
Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
A defendant who refuses to enter a plea is usually interpreted as giving a plea of not guilty; the Federal Rules of Criminal Procedure, for instance, state, "If a defendant refuses to enter a plea or if a defendant organization fails to appear, the court must enter a plea of not guilty." [8] Similarly, if a defendant attempts to enter an ...
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
Quinonez's lawyer and JetBlue both did not immediately respond to PEOPLE's request for comment on Sunday, Oct. 27. ... "As a direct and proximate result of the acts of Defendant, its agents and/or ...
However, “the litigation privilege does not apply to defendant Elfman’s statements” and the “letter functions more as a press release rather than a demand letter,” the court concluded in ...
A demurrer is commonly filed by a defendant in response to a complaint filed by the plaintiff.A demurrer to a complaint can terminate a lawsuit. Although a plaintiff may demur to a defendant's answer to a complaint or the defendant's affirmative defenses, a demurrer to an answer is less common because it may be a poor strategic move.