Motion for Default Judgment Sample NC A Motion for Default Judgment is a legal document filed in North Carolina when one party in a lawsuit fails to respond or take action within the required time period. This motion asks the court to render a judgment in favor of the party who filed the motion, as the opposing party's failure to respond is considered an admission of liability. In North Carolina, there are generally two types of Motion for Default Judgment: 1. Motion for Default Judgment — Clerk: This type of motion is filed with the clerk of court when the opposing party fails to respond or take any action within the specified time frame after being properly served with the complaint. The motion requests the clerk to enter a default judgment, which means that the plaintiff automatically wins the case due to the defendant's inaction. 2. Motion for Default Judgment — Judicial: If the opposing party responds to the lawsuit but fails to comply with court procedures or fails to attend scheduled court proceedings, the plaintiff can file a Motion for Default Judgment — Judicial. This motion is filed directly with the judge handling the case, requesting a judgment in favor of the plaintiff based on the defendant's non-compliance or failure to appear in court. When drafting a Motion for Default Judgment in North Carolina, it is crucial to include the following information: 1. Case caption: The introduction of the motion should contain the case name, court name, and docket number for proper identification. 2. Introduction and basis for the motion: Clearly state the basis for seeking default judgment, such as the defendant's failure to respond, comply with court procedures, or appear in court. Provide a brief summary of the case's history and the defendant's non-compliance. 3. Supporting evidence: Attach any relevant documents that support the motion, including the complaint, proof of service, and any correspondence or records indicating the defendant's lack of action or non-appearance. 4. Prayer for relief: Clearly state the relief sought, which is typically a request for default judgment in favor of the plaintiff. Specify the type of judgment requested, whether monetary, injunctive, or another form of relief. 5. Certificate of service: Include a statement certifying that a copy of the motion has been properly served on the opposing party. It's essential to consult and follow the local rules of the North Carolina court where the case is being heard to ensure compliance with any additional requirements specific to that jurisdiction. In conclusion, the Motion for Default Judgment sample in North Carolina serves as a powerful tool for resolving cases where the opposing party fails to respond or comply with court procedures. Understanding the different types of motions and including all necessary information when drafting the motion increases the chances of obtaining a default judgment in favor of the party who initiated the lawsuit.
Motion For Default Judgment Sample Nc
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For more information on conservatorship, visit The Missouri Bar website at .mobar.org. Alternatives to full guardianship include general supports (family, friends, and community resources), legal documents (such as Power of Attorney or a Living Will), advocacy organizations, and so forth.
In order to be appointed as a Guardian and/or Conservator the process is started by filing a Petition with the Probate Court for the County in which minor or incapacitated/disabled adult is domiciled, or in the case of an emergency, filing a Petition with the Probate Court for the County in which the minor or ...
A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.
Section 192.016 RSMo requires the Missouri Department of Health and Senior Services to establish a putative father registry which allows a father of an out-of-wedlock child to file a notice of intent to claim paternity.
After the court has heard medical testimony and other reliable evidence, it may declare a person to be ?incapacitated? and appoint a guardian to make decisions on the person's behalf. This determination of incapacity and the appointment of a guardian may take specific rights from the person.
In Missouri, Guardianship begins with a Petition to the probate court. This Petition states that a person needs a guardianship. Anyone can file the Petition.
A guardian is appointed by the Circuit Court's Probate Division to have the care and custody of a minor or of a person found to be incapacitated. The guardian of an adult is not responsible for the financial care of his/her ?ward? (§475.010(8), RSMo). A conservator is appointed by the Circuit Court's Probate Division.
Though not always absolutely necessary, a person applying for guardianship or conservatorship is probably well advised to do so with the assistance of an attorney.
Living Wills in Missouri The living will must be in writing. It must be dated. Principal must be a competent person. It must be signed by the principal (the person to whom the living will applies) If not signed ?wholly? in the principal's handwriting, it must be witnessed by two adults.
To begin guardianship/conservatorship proceedings a Petition must be filed in the Probate Division of the Circuit Court in the county where the ward/protectee lives. The Petition must allege that the ward/protectee is incapacitated or disabled and explain why a guardian and/or conservator is needed.