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A plaintiff asks for a default judgment if a defendant fails to file an answer within 20 days after being served. If you fail to file an answer within 20 days the court will take the position that you agree with the allegations in the complaint and a default judgment is entered.
Rule 43.01 - Burden of proof (1) The party holding the affirmative of an issue must produce the evidence to prove it. (2) The burden of proof in the whole action lies on the party who would be defeated if no evidence were given on either side.
A character letter is designed to show support for a defendant in a criminal case. These letters have the potential to influence the court, and may even impact the ultimate sentence in a criminal case.
All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all defendants ...
Every pleading, motion and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his pleading, motion, or other paper and state his address.
Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.
An oral motion may be made during a hearing or trial, but motions are usually in writing and filed with the Office of Circuit Court Clerk. Often motions have a ?memorandum? filed with them that explains the legal reasons why the court should grant the motion.
CR 21 Misjoinder and nonjoinder of parties Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just.