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Participants (plaintiffs and defendants) in lawsuits are called litigants.
Before a party files a motion to compel a response to discovery, the party must make a good faith effort to confer with the person or party allegedly failing to properly respond to a request for discovery in an effort to secure information or material without action by the ALJ.
Common count: a claim for money owed. complaint: Papers filed with the court by a plaintiff to start a lawsuit. A complaint sets out facts and legal claims (called ?causes of action?). In some types of cases, it is called a ?petition.?
Elements to keep in mind while filing the Motion to Compel is to mention the nature of the case, identify the question that needs to be answered or the object or document that is needed and explain how it relates to the case, attach the other party's written refusal to make available the information or object, make it ...
Cross-Complaint An assertion or claim made by a defendant against a plaintiff or some other party. The cross-complainant is the person who makes the cross-complaint.
When a plaintiff files a suit against a defendant, plaintiff: Must give notice to the defendant by service of process. The complaint filed by plaintiff needs to contain: A statement alleging the facts necessary for the court to take jurisdiction and a statement of the remedy the plaintiff is seeking.
When you respond to a motion, be clear and direct about your legal position. Begin with an introduction that summarizes the nature of the motion and states your position. Develop key points to answer every argument your opponent made. Then, present your arguments in a logical sequence.
The Process The complaint describes the plaintiff's damages or injury, explains how the defendant caused the harm, shows that the court has jurisdiction, and asks the court to order relief.