Sentences with phrase «if defendant»

If the defendant (meaning, the spouse who isn't asking for a divorce) lives in Alabama, then the plaintiff (the party asking for the divorce) should file the summons and complaint (the legal papers that initiate a divorce, specifying the reasons the judge should grant it and requesting the division of property, child custody, and so on) with the circuit court in the county where the defendant lives.

If the Defendant doesn't answer the Complaint, the court may enter a default judgment against the Defendant.

A withdrawal is rarely done as an abject surrender by the defendant to the plaintiff and his / her claim and the court (if a defendant did not wish to defend, he or she likely would not have filed a statement of defence in the first place).

If the jury decides that the plaintiff would have been injured even if the defendant (s) was not negligent, causation is not made out and the defendant (s) is not liable.

An auto accident victim has to prove that he or she would not have sustained injuries if the defendant had not breached the duty of care.

If the defendant in your case is a California governmental entity, you must file a claim for damages with that specific governmental entity within six months of the accident date.

If the defendant refuses to sign the bond, the justice of the peace can send the defendant to jail.

However, in some jurisdictions, a judge can declare a truth defamatory if the defendant acted with actual malice.

When governmental immunity applies, many states will hold ordinarily immune defendants liable only if the defendant is found to have been guilty of gross rather than simple negligence.

Following Bartlett's verdict, which was upheld by 1st US Circuit Court of Appeals on the grounds that the plaintiff had pushed a different legal theory (concentrating on the danger of the drug and not whether or not the warning was accurate) and that even if the defendant could not have used a different warning label for Sulindac, it could have chosen to not manufacture the drug, the drug industry contended that the Supreme Court's 2011 ruling had been disregarded.

For example, if a defendant served a Rule 49 Offer to Settle of $ 40,000 plus costs prior to trial, and the plaintiff was awarded $ 50,000 in damages, the defendant would, after application of the $ 30,000 deductible, only be required to pay $ 20,000 in damages.

the foreign judgment offends the principles of natural justice or substantial justice enshrined in the English legal system; for example, if the defendant was not given due notice of the original proceedings (with the result that judgment was obtained in default) or was not given a fair opportunity to be heard;

(14) Unless the court orders otherwise, where the plaintiff is under a disability, an action may be dismissed for delay under this rule only if the defendant gives notice to the Children's Lawyer or, if the Public Guardian and Trustee is litigation guardian of the plaintiff, to the Public Guardian and Trustee.

California courts have also held that punitive damages may be awarded if a defendant is guilty of willful and wanton negligence.

If a defendant in a patent case advocates a broad claim construction, the agenda is, as it is in this case, invalidation: for a broad patent it's easier to find prior art, or to argue obviousness over prior art.

If the defendant does not make a reasonable settlement offer, a trial will be necessary.

A judge or jury will typically award punitive damages if the defendant acted with fraud, malice, or willful or wanton misconduct.

As Ms. Burton pointed out: if every defendant demanded a speedy trial, the courts would collapse under the weight of all those rights happening at once.

Thus, if the defendant was ignorant of the facts, and if the prosecutor can not prove beyond reasonable doubt that the defendant committed the crime with the required mens rea, the defendant will be found not guilty.

Free counsel appointment may be terminated at any time if defendant if found to be able to pay for his own attorney.

If the defendant has very little insurance coverage, which happens very often in individual car accident cases, then the recovery may be limited to the value of that insurance policy.

However, plaintiffs pursuing damages from a wrongful death claim may be entitled to an award of punitive damages if the defendant is convicted of felony murder.

I couldn't help but wonder if white privileged played a factor in her opinion and if she would have felt the same if the defendant was black.

Canadian courts will only certify a global class action if the defendant has a real and substantial connection to Canada.

(4) Unless the court orders otherwise, where the plaintiff is under a disability, an action may be dismissed as abandoned under this rule only if the defendant gives notice to the Children's Lawyer or, if the Public Guardian and Trustee is litigation guardian of the plaintiff, to the Public Guardian and Trustee.

So what would happen if every defendant who wanted a trial received one?

Filing a claim to recover damages may seem straightforward — especially if the injury was sustained in a Los Angeles car, motorcycle, or truck accident — if the defendant is an insurance company.

Provides if defendant convicted in municipal criminal court of record for violation of city ordinance is without means to pay the fine or costs, and no undue hardship would result, the municipal judge may direct the defendant to perform community service at a rate of not less than the current federal minimum wage.

If a defendant doesn't show up, it could mean more jail time.

In some cases, it may be difficult to determine if a defendant had a duty, what their duty or responsibility was, and if their behavior breached this duty.

They can determine if the defendant's settlement offer is sufficient or if the client can get a better resolution in court.

Allows time spent in actual custody to be credited in each sentence against the term of imprisonment if the defendant is released from custody pending trial on at least one charge, but remains in actual custody because of not being released pending trial on any other charge.

If the defendant is guilty in Georgia then the Judge decides the sentence based on the criminal code and their review of any mitigating or exacerbating circumstances.

Under Section 22.02 of the Texas Penal Code, assault charges can be upgraded to aggravated assault charges if the defendant:

If the defendant can not afford bail, an attorney can help arrange for a bail bondsman to post bail for the defendant.

(24) If the defendant has made an offer to settle a claim for money and the offer has not expired or been withdrawn or been accepted,

Elizabeth Banzhoff and Manny Caixeiro discuss the limitations that a jury a can come across when deciding if the defendant's patent infringement was willful and how the U.S. Supreme Court's recent decision in Halo is raising further questions.

The statute of limitations may also be extended if the defendant was a Kentucky resident who was away from the state or in hiding to avoid suit during the relevant statute of limitations period.

You and the defendant will both get a copy of the order right after the hearing if the defendant is present.

You might succeed in getting a judgment from a court or negotiating a settlement agreement, but neither of these does you much good if the defendant simply does not have the resources to pay you what he or she is required to pay.

The shift in the law also allowed plaintiffs to pursue a claim under strict liability even if a defendant complied with all pertinent codes and regulations.

If the defendant was already convicted in a criminal case, a plaintiff likely may have a lower burden of proof in a civil claim.

Meagher JA also dismissed the appeal on the basis that a doctor will not be liable if a defendant can prove that, having taken a course of action that was consistent with reasonable care, the harm suffered would not have been avoided on the balance of probabilities.

In some cases, there may be other defendants who are in part responsible for the damages you sustained in an assault, and they may have insurance coverage or other assets that make it possible to obtain compensation for your damages, even if the defendant him or herself has limited assets and no insurance coverage.

If the defendant does contact you in violation of the order, they could be arrested.

If a defendant is successful, any resulting award will thus be lowered.

The Court formulated a new standard for the admissibility of eye witness testimony which, inter alia, mandated that such testimony be excluded if the defendant can prove — based on system and / or estimator variables — that the «probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or by considerations of undue delay or needless presentation of cumulative evidence» (44 - 5).

Additionally, the amount that a plaintiff receives may be reduced if the defendant is able to prove that the plaintiff also was negligent in causing the accident.

120 (1) If a defendant makes a payment to a plaintiff who is or alleges to be entitled to recover from the defendant, the payment constitutes, to the extent of the payment, a release by the plaintiff or the plaintiff's personal representative of any claim that the plaintiff or the plaintiff's personal representative or any person claiming through or under the plaintiff or by virtue of Part V of the Family Law Act may have against the defendant.

If the defendant in the personal injury case is refusing to offer a settlement that accurately reflects the extent of damages, then a trial might be the only option to secure maximum financial compensation.