I am the plaintiff in a course of action. I have filed several motions in court for a Preliminary Injunction. I filed the Preliminary Motion first, next, I filed a Brief in Support of the Motion, I then filed a Motion to Modify Brief, following which I was granted a hearing date and subsequently filed a Notice of Hearing. All of which were served on and received by the defendants. The defendants have not responded to any of these motions either positively or negatively.
What should be my other course of action? What happens if a defendant does not respond to the motions?
If the defendants fail to show up for court, what happens?
Can I automatically win the case or does this not have a bearing on the court's determination?
Thanks so much!
2006-11-28 03:43:13 · 6 answers · asked by shannon_marinetti 1 in Politics & Government ➔ Law & Ethics
You will probably win.
2006-11-28 03:47:28 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Every case is different and the laws vary by jurisdiction. Generally speaking, if a motion is filed and is not opposed within the time limits allowed by the court's rules, the motion will be granted. There are exceptions and you will likely have to show up for the hearing whether the motion is opposed or not. If the defendant or his/her counsel does not show up for the hearing, or does not file a responsive pleading, he or she will likely have waived his or her right to argue in opposition or appeal the decision of the court on the motion. This, of course, assumes that the motion(s) were properly served.
This does not mean that you win your case.
Good luck!
2006-11-28 04:01:34 · answer #2 · answered by www.lvtrafficticketguy.com 5 · 0⤊ 0⤋
It depends on the motion, but typically if there is no response there will be default or granting of the motion. You would typically prepare an order to accompany the Motion, which the judge would sign. If you do have any questions the clerk should be able to answer any questions.
2006-11-28 04:03:02 · answer #3 · answered by straightup 5 · 0⤊ 1⤋
OBJECTION!!! Question is too confusing for most people on this site Judge! Motion to have this question removed!
2006-11-28 03:50:36 · answer #4 · answered by SGT 3 · 1⤊ 0⤋
If they fail to appear, a default judgement will be granted to the plaintiff. Then you attempt to collect on the judgement.
2006-11-28 03:57:20 · answer #5 · answered by Aggie80 5 · 0⤊ 1⤋
you should have asked at court.
2006-11-28 03:47:48 · answer #6 · answered by venus11224 6 · 0⤊ 2⤋