If the opposing party does not answer, then you have to file a motion to compel the opposing party to respond. The party must answer your request if the court orders them to. If the party still does not answer, they can be held in contempt of court and/or a default judgment can be issued in your favor.
Brief: A written statement submitted to a court that explains a party's factual and legal arguments in support of a motion. Civil case: A legal action where a plaintiff seeks some sort of relief from a defendant.
If you do not respond with your own affidavit, the court may only have the evidence presented by the other party to consider, which could potentially impact the court's decision unfavorably against your interests.
Failure to respond to the Court's order will result in a dismissal of the claim with prejudice for want of prosecution under Federal Rule of Civil Procedure 41(b).
In that situation, often the judge will deny the motion or defer ruling until he or she hears some of the evidence in trial and has a better handle on the issues. There is certainly nothing wrong with the decision to defer ruling until later in the case.
Types of Motions in Florida Used in Civil Litigation Motion to Compel. Motion to Compel Discovery. Motion to Strike. Motion for Continuance. Motion for Joinder. Motion for Preliminary Injunction. Motion for Protective Order. Motion for Relief from Judgment.
If the opposing party does not answer, then you have to file a motion to compel the opposing party to respond. The party must answer your request if the court orders them to. If the party still does not answer, they can be held in contempt of court and/or a default judgment can be issued in your favor.
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.
With the exception of motions filed pursuant to rule 9.410(b), a party may serve 1 response to a motion within 15 days of service of the motion. The court may shorten or extend the time for response to a motion.
A motion is a paper you can file in your case. It asks the court to decide something in your case. For example, if you need more time to answer a complaint against you, you can file a motion to extend the time to answer. If you do not have a case, you cannot file a motion.