Defendant Failure With Hypoxia
Description
How to fill out Motion By Defendant To Dismiss With Prejudice For Failure To Prosecute?
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FAQ
Insufficient service of process under Rule 12(b)(5) occurs when the paperwork is complete, but isn't properly delivered to the defendant. For example, if the plaintiff leaves the summons with the defendant's six-year-old child, that would invalidate the service.
Default Judgment -- If the defendant fails to file a response, or Answer, with the U.S. District Court within the time allowed, a Default Judgment may be awarded, providing the plaintiff with the relief requested in the Complaint.
If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
?Insufficient service of process? differs from the defense of ?insufficient process? in that insufficient service of process refers to a defect in how the paperwork was served on the responding party.
One example of a failure to state a claim is when one party files a personal injury claim based on negligence. Negligence requires that the defendant breached their duty of care to the plaintiff.