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Copy of plaint annexed to summons. 3 Court may order defendant or plaintiff to appear in person. 4 No party to be ordered to appear in person unless resident within certain limits. 5 Summons to be either to settle issues or for final disposal. 6 Fixing day for appearance of defendant. 7 Summons to order defendant to produce documents relied on ...
Pursuant to FRCP 37, "On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action."
The summons may be enforced by a court order, [5] and the law provides a criminal penalty of up to one year in prison or a fine, or both, for failure to obey the summons, [6] except that the person summoned may, to the extent applicable, assert a privilege against self incrimination or other evidentiary privileges, if applicable.
Judgment summons, in English law, a summons issued under the Debtors' Act 1869 (32 & 33 Vict. c. 62) on the application of a creditor who has obtained a judgment for the payment of a sum of money by instalments or otherwise, where the order for payment has not been complied with.
Importantly, to keep open the option of moving for a "judgment notwithstanding the verdict", or "judgment non obstante verdicto" after the jury has returned a verdict, one must file a Rule 50(a) motion. Under the Federal Rules of Civil Procedure, the two are not separate motions, the JNOV motion is simply a renewed Rule 50(a) motion.
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [ 1 ]
The court also can issue a summons – an official summary document which the plaintiff needs to have served together with the complaint. The defendants have limited time to respond, depending on the State or Federal rules. A defendant's failure to answer a complaint can result in a default judgment in favor of the petitioner.
In English and American law, a judgment debtor is a person against whom a judgment ordering him to pay a sum of money has been obtained and remains unsatisfied. Such a person may be examined as to their assets, and if the judgment debt is of the necessary amount he may be made bankrupt if he fails to comply with a bankruptcy notice (in US law, an involuntary petition) served on him by the ...