Question: What Happens After The Defendant Files An Answer?

What does filing an answer mean?

Filing your answer means, take your answer to the court, give it to the clerk.

The clerk will stamp it the answer with the date and time.

You must file your answer in the same court that is on the Complaint..

What happens after a motion for default is filed?

If the defendant files a motion to set aside the default judgment, one of the following three things will happen. … The judge will set aside the default judgment and the court clerk will schedule a hearing for your claim. The court clerk will mail a notice of the date and time for the hearing to you and the defendant.

How do you get notified of a lawsuit?

Once you file a lawsuit against the defendant, you must notify him or her. This is called service of process. Service of process requires that you deliver a copy of the summons and complaint directly to the defendant within a certain time of filing the lawsuit with the court.

What’s the purpose of interrogatories?

In law, interrogatories (also known as requests for further information) are a formal set of written questions propounded by one litigant and required to be answered by an adversary in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case.

How do you survive a civil lawsuit?

Surviving a lawsuit is not easy. Ask anyone who has been sued….I am here to suggest to you what you should do/must do.Remain calm. … Do not confuse your own fate with the fate of your lawsuit. … Please, just politely accept the papers you are served. … You need to IMMEDIATELY CALL YOUR OWN LAWYER.More items…•

What happens after you answer interrogatories?

If you have received interrogatories, you have thirty days to prepare your written answers (unless the court has ordered something else). You do not file your written answers with the court. You simply mail the original back to the other side.

How long does a judge have to answer a motion?

Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.

What happens if the defendant does not give me responses to my discovery requests?

If they do not respond to the final request within 30 days you can send the court an application for entry of final judgment or dismissal. All of the admissions are deemed as “admitted.” It is like the plaintff said they were all true. The court will believe all the statements in the request for admissions are true.

How long does it take for a lawyer to respond?

2 weeks is a while. Most lawyers try to respond much more quickly. I would say that you should follow up with an email and or a phone call, sometimes phone calls are better…

What happens after the discovery process?

After discovery has concluded, if the case does not settle and is not resolved by a motion for summary disposition or judgment, the case will go to trial. … Once the trial has concluded, the parties may sometimes submit post-trial motions or briefs. Attorneys may appeal the judgment entered after a trial.

What happens after you file an answer?

After you file an answer with the court The court clerk will give or mail you a court date for you and the plaintiff to come back to court. This will probably be for a Case Management Conference or a Pre-Trial Hearing.

What happens when a lawsuit is filed against you?

What Happens When a Court Issues a Judgment Against You? … If you ignore the lawsuit, the court will enter an automatic judgment against you, known as a default judgment. 1 Of course, even if you file an answer to the lawsuit, you can still lose the case.

How long do you have to respond to discovery?

(2) Time to Respond. The responding party must serve its answers and any objections within 30 days after being served with the interrogatories. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court.

Are interrogatories admissible at trial?

Interrogatories may relate to any matter relevant to the claims and defenses asserted, including the existence, description, nature, custody, condition, and location of any books, documents or other tangible things, and the identity and location of persons having knowledge of any discoverable matter. Answers to …

How many days do you have to respond to a lawsuit?

30 daysYou have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open.

What happens if you don’t file an answer to a lawsuit?

Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away. And it could result in the court awarding a money judgment against you by default. That can lead to your wages being garnished, your bank accounts attached, or your property being taken!

How long after a motion is filed?

After filing the motion, how many days will it take before the hearing? The party filing the motion sets the hearing date when the motion is filed with the clerk of the court. “Reasonable” time is usually 10-21 days, depending on the court’s calendar, schedule, and your local court rules.

What happens if you don’t respond to interrogatories?

Motions to Compel – If a party doesn’t respond to interrogatories or requests for production, then the party seeking those answers must file a motion to compel with the court. If the court grants the motion to compel, then the party who objected or failed to answer must then do so.

What happens if you lie on interrogatories?

The most damaging thing that can happen if someone lies on interrogatories is that they can be punished by the judge at trial. … If the party lies repeatedly or has been deliberately dishonest about material facts in the case, the judge may initiate a perjury charge.

What happens if a motion is denied?

The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.