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People also ask
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At which stage in the court process does the defendant enter a formal plea?
Arraignment. Arraignment is the stage at which the defendant formally is told what the charges are and is given a copy of them. The defendant then enters a plea responding to those charges, which generally is not guilty or guilty.
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Why does the plaintiff go first?
The side bringing the case is the side that bears the burden of proof, and thus always goes first. This is the prosecuting attorney in a criminal case, or the plaintiff in a civil case. The defense then follows with their opening statement.
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What does "comes now" mean in legal terms?
Definition: Comes now is an old-fashioned way of starting a legal document. It is used to introduce the person or people who are making the claim or bringing the case to court.
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Who is the defendant in this case?
The defendant is the individual(s) being accused of a crime or code violation. In civil cases, like a personal injury case, the plaintiff is the person(s) who has alleged that wrongdoing has been done to them. The defendant is the person(s) or entity that has been accused of committing a wrongful act.
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Is the plaintiff always the victim?
If someone is the victim of a crime and the person accused of that crime is arrested, the plaintiff is not the victim. The victim was the target of the crime, but the actual plaintiff is the government body bringing charges against the alleged perpetrator.
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Who is the defendant in the case?
Defendant, in criminal cases, is the person accused of the crime. In civil cases, the defendant is the person or entity that is being sued by the plaintiff.
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In what stage do most defendants enter a guilty plea?
During arraignment, the judge reads the charges filed against the defendant in the complaint and the defendant chooses to plead "guilty," "not guilty" or "no contest" to those charges. The judge will also review the defendant's bail and set dates for future proceedings.
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At what point in the criminal process does a defendant enter a formal plea?
Arraignment. Anywhere from two (2) to four (4) weeks after the Information has been filed, the defendant goes to court and enters a plea of “guilty” or “not guilty”. Occasionally, when represented by counsel, a defendant may enter a written plea of not guilty thus eliminating the need to appear in court.
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What is the step where the defendant enters a plea?
Arraignment The defendant goes to court. They find out what they're charged with and what their rights are. The judge will ask if they are ready to plea.
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Which comes first, plaintiff or defendant?
(In the trial court, the first name listed is the plaintiff, the party bringing the suit. The name following the "v" is the defendant.
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How do you know who is the defendant?
In the trial court, the first name listed is the plaintiff, the party bringing the suit. The name following the "v" is the defendant. If the case is appealed, the name of the petitioner (appellant) is usually listed first, and the name of the respondent (appellee) is listed second.
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What is a formal proceeding in which the defendant enters a plea?
Arraignment - A hearing in which the defendant is formally charged and can plead either guilty, not guilty or no contest. In felony cases, an arraignment follows a preliminary hearing.
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Who argues first plaintiff or defendant?
The plaintiff will go first. Then the defendant. After the defendant does their closing statement, the plaintiff can make a brief final argument to address anything from the Defendant's argument (give a rebuttal).
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Who is the plaintiff vs defendant?
In civil cases, like a personal injury case, the plaintiff is the person(s) who has alleged that wrongdoing has been done to them. The defendant is the person(s) or entity that has been accused of committing a wrongful act.
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Who is the person who is the defendant?
DEFENDANT - The Defendant is the person being sued in a civil case, or the person who has been charged with a crime/driving offense in a criminal case.
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What is the order of the defendant vs plaintiff?
The difference between plaintiff and defendant is crucial in understanding legal proceedings. The plaintiff initiates the legal action, seeking redress for perceived harm, while the defendant is the party against whom the action is brought.
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