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People also ask
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Who files the plaintiff or defendant?
The plaintiff first files a lawsuit so he or she is responsible for drafting a complaint. The complaint is the first document filed in court for a personal injury case. Then the complaint is served on the defendant and he or she will need to file an answer. Sometimes the document requires you to appear in court.
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What is the order of closing arguments?
The resolution of this dispute can vary depending on where the suit is filed. As a general rule, however, it has been the author's experience that the defendant is entitled to depose the plaintiff first in a Bad Faith/Fraud suit, regardless of who asked first.
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Do plaintiffs or defendants go first?
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 speaks first, plaintiff or defendant?
IMPORTANT: Point out that because our legal system assumes the defendant is not guilty until proven guilty in a court of law, the prosecution goes first because the “burden of proof” is always on the prosecution.
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What is the procedure by which the plaintiff presents the defendant with a copy of the complaint?
A summons must be served with a copy of the complaint. The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service. (2) By Whom.
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What is a plaintiff original petition?
In civil cases, the first stage is the filing of a petition by a plaintiff, which states the legal basis for the lawsuit. A petition sets out the petitioner's version of the facts. The defendant then receives a copy of it and a notice to appear in court. In legal terms, petitions are similar to complaints.
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