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People also ask
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What is a ruling in favor of the plaintiff?
A default judgment (also known as judgment by default) is a ruling granted by a judge or court in favor of a plaintiff in the event that the defendant in a legal case fails to respond to a court summons or does not appear in court.
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What is an order to show cause in NY?
In some jurisdictions, such as New York, an "order to show cause" is used routinely to initiate a motion when a traditional "notice of motion" would not be sufficient—for example, when the moving party wishes to vary the usual schedule for considering a motion, or when a temporary restraining order or other provisional ...
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How does a plaintiff respond to a defendant's answer?
Typically the only reason someone would respond to an answer as a plaintiff is to reply to whatever affirmative defenses have been raised by that defendants answer in the lawsuit.
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What is a court in which trials are held and testimony is taken?
Trial courts are also called "superior courts." In the trial or superior court, a judge, and sometimes a jury, hears testimony and evidence and decides a case by applying the law to the facts of the case.
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How do you respond to a summons letter?
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
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What is a reply to a counterclaim in NY?
A reply to a counterclaim must be served within twenty (20) days of service of the pleading containing the counterclaim. CPLR 3011. Any counterclaim may be asserted in a responsive pleading or a separate action.
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How to answer a summons in New York state?
You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk's office and tell the clerk about your defenses to the plaintiff's claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.
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Does a summons have to be served in person in New York?
New York state law authorizes the “nail and mail” method of service, which authorizes the process server, after attempting service with “due diligence,” to (1) tape a copy of the summons and complaint to the door of the defendant's home or office; (2) mail a copy by first class mail to the defendant's home address; and ...
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