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The plaintiff's original pleading is called a complaint. The defendant's original pleading is called an answer. Rule 8(a) sets out the plaintiff's requirements for a claim: a "short and plain statement" of jurisdiction, a "short and plain statement" of the claim, and a demand for judgment. It also allows relief in the alternative, so the ...
It may have been preceded by an optional "pre-answer" motion to dismiss or demurrer; if such a motion is unsuccessful, the defendant must file an answer to the complaint or risk an adverse default judgment. In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court.
If the original defendant intends to do this more than 14 days after serving its original answer, it must first, by motion, obtain the court's leave to do so. Rule 14(a)(2): When properly served, the third-party defendant must assert any defense against the thirdparty plaintiff's claim under Rule 12;
The defendant's name is also entered onto a register (although if they pay within a month it will be removed) which is open to everyone, and is particularly used to vet the credit-worthiness of people. In the case of Masters v Leaver [5] it was held that a judgment in default means just that – it is a judgment obtained due to default. It does ...
Requests for admission are a list of questions which are similar in some respects to interrogatories, but different in form and purpose.Each "question" is in the form of a declarative statement which the answering party must then either admit, deny, or state in detail why they can neither admit nor deny the truthfulness of the statement (e.g. for lack of knowledge, etc.).
A federal appeals court on Friday upheld a ruling that Oregon defendants must be released from jail after seven days if they don’t have a defense attorney. In its decision, the 9th U.S. Circuit ...