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FAQs whats a plantiff
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Can a plaintiff dismiss a case?
(c) A plaintiff may dismiss his or her complaint, or any cause of action asserted in it, in its entirety, or as to any defendant or defendants, with or without prejudice prior to the actual commencement of trial.
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What are the two sides in a court case?
Names of the sides. In criminal trials, the state's side, represented by a district attorney, is called the prosecution. In civil trials, the side making the charge of wrongdoing is called the plaintiff. (The side charged with wrongdoing is called the defendant in both criminal and civil trials.)
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Can the plaintiff serve the defendant?
The plaintiff cannot serve the initial complaint upon the defendant. A sheriff or licensed special process server must do it.
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Who decides if the defendant is innocent or guilty?
The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered. During trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime(s).
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What is a plaintiff and a defendant?
The Plaintiff and the Defendant are the parties involved in a lawsuit. The Plaintiff is the one bringing the lawsuit and the Defendant is the one being sued and is defending the lawsuit. The Defendant has the ability to file a counter-complaint against the Plaintiff.
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What happens if the plaintiff?
If the Plaintiff does not show up for the trial and the Defendant does appear, if the Defendant asks, the Court may dismiss the case without prejudice. ... If the Plaintiff does refile the case and again fails to appear at trial, the Small Claims Rules say the Court may dismiss with case with prejudice.
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What does Judgement for plaintiff mean?
Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. The failure to take action is the default. The default judgment is the relief requested in the party's original petition.
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On what grounds can a case be dismissed?
An order to dismiss a case can occur when the appellate court, having reversed the conviction on the grounds of a bad search or arrest, examines what's left of the case and determines that there is not enough evidence to warrant another trial.
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Who accuses the defendant?
Plaintiff: The person who accuses another and brings the lawsuit to court. Prosecutor: A public official who brings the government's case against a person accused of a crime and asks the court to convict that person.
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How long does a plaintiff have to respond to a motion to dismiss?
Attached to the motion will be a memorandum of law which gives the defendant's legal arguments for dismissing your suit. Each court has different rules about how long you have to respond to this motion, but usually you will have at least two or three weeks to file an opposition to the defendant's motion to dismiss.
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Why would a plaintiff file a motion to dismiss?
Plaintiffs may file a motion to dismiss when they have signNowed a settlement, when there is a procedural defect, or when they want to voluntarily withdraw their claims. If you have filed a personal injury claim, the defendant may file a motion to dismiss called a motion for summary judgment.
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What is the role of the defendant?
The person against whom a criminal case is brought. Sometimes referred to as the defendant. The person who generally carries out the judicial function of hearing and determining issues which arise before and after trial in civil cases.
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What is defendant and plaintiff?
The Plaintiff and the Defendant are the parties involved in a lawsuit. The Plaintiff is the one bringing the lawsuit and the Defendant is the one being sued and is defending the lawsuit. The Defendant has the ability to file a counter-complaint against the Plaintiff.
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Can plaintiff file motion to dismiss?
A plaintiff can file a motion to voluntarily dismiss the case before the defendant has filed their answer. After the defendant has filed their answer to the complaint, the plaintiff and the defendant can come to an agreement and file a motion with the court to dismiss the case.
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Is the defendant the guilty party?
In a criminal trial, a defendant is a person accused (charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed.
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Does the plaintiff or defendant go first?
(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, as in this example, 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 the party called that brings a criminal charge against someone called?
Defendant. The party against whom a civil or criminal action is brought.
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Is the plaintiff the victim?
In legal terms, the plaintiff is the person who brings a lawsuit against another party. This is not to be confused with being seen as the victim in a lawsuit, because being the plaintiff doesn't mean you're in the right. It's simply the legal term for being the person who filed a lawsuit against the defendant.
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How do I sue someone for more than $10000?
If you wish to recover more than $10,000, you must consider another court, and in most cases, the assistance of an attorney. If the amount you are asking for is over $10,000, you cannot file in justice court. You cannot just say you will take less to get into this court.
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Is the plaintiff the one being sued?
The plaintiff is the person who brings a lawsuit to court. ... The other party in a civil lawsuit is the defendant or respondent (the one who responds to the suit). The defendant is the person being sued or the person against whom the complaint is filed.
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Who would be the plaintiff and who would be the defendant?
In a civil case, the person or entity that files the lawsuit is called the plaintiff. The person or entity being sued is called the defendant.
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Can a plaintiff drop a lawsuit?
Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). ... Simply stated, Rule 41(a) allows the plaintiff to make a dismissal as long as the defendant has not filed an answer or filed a motion for summary judgment.
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What is the most you can sue for?
Small claims courts have an upper limit on the amount of money that a party can claim. You can sue for up to $10,000, if you are an individual or a sole proprietor. Corporations and other entities are limited to $5,000.
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What term is used to describe a party who files a civil lawsuit?
A civil lawsuit is a court-based proceeding between people or business entities who have competing interests. Let's start with the basics. The party who brings the suit to court is called the plaintiff. The party sued by the plaintiff is called the defendant.
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Who does defendant mean?
The defendant in a lawsuit is the person against whom the action is brought, by the plaintiff. ... Criminal cases, which involve a defendant who is accused of a crime.
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Is the petitioner the plaintiff or defendant?
The petitioner is the party who presents a petition to the court. On appeal, the petitioner is usually the party who lost in the lower court. This can be either the plaintiff or defendant from the court below, as either of the parties can present the case to a higher court for further proceedings. See also respondent.
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Can a plaintiff be dead?
The plaintiff's estate may bring the survival action whether the plaintiff died during the lawsuit or before filing suit. Even though a representative from the estate can still sue on the decedent's behalf, they can only recover damages incurred up to the time of the plaintiff's death.
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What are the parties called in a criminal case?
Parties include plaintiff (person filing suit), defendant (person sued or charged with a crime), petitioner (files a petition asking for a court ruling), respondent (usually in opposition to a petition or an appeal), cross-complainant (a defendant who sues someone else in the same lawsuit), or cross-defendant (a person ...
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Who is considered a party to a lawsuit?
Parties include: plaintiff (person filing suit), defendant (person sued or charged with a crime), petitioner (files a petition asking for a court ruling), respondent (usually in opposition to a petition or an appeal), cross-complainant (a defendant who sues someone else in the same lawsuit), or cross-defendant (a ...
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Can I sue someone for more than they owed me?
Hopefully if you are suing on a debt, you have a promisory note or something in writing as to payments, when due, interest, attorney fees, etc. So, the answer is, typically NOT, unless you can prove entitlement to "more than you are owed" by competent witnesses and evidence.
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How do I sign a legal template?
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