if a lawyer asks a defendant a ? he does not answer to what should the defendant do

If they fail to respond to a properly served complaint and you can show the court that service was accomplished then the defendant should be defaulted. Depending on the jurisdiction and type of case you still may be required to present evidence of your damages in order to get a default judgment.

Full Answer

What happens when a defendant doesn't answer a complaint on time?

May 25, 2018 · Plaintiffs may obtain a default judgment (and damages) in situations where the defendant has failed to respond to service of complaint or summons in a reasonable timeframe. Learn more today. Close ×

Does the defendant have to come to court to defend himself?

Oct 03, 2011 · Posted on Oct 4, 2011. Before an attorney can accurately answer this question, you need to clarify whether the lawsuit is in federal court or in state court, and if in state court, whether the complaint is verified or not verified. If this is a state court lawsuit and the complaint is not verified, then the answer merely needs to have a general denial; a denial to a specific …

Is there an attorney/client relationship between the plaintiff and defendant?

Feb 13, 2013 · The majority of lawyers haven't stepped foot in a courtroom, and I hope your attorney has trial experience, or you would want to retain a lawyer with a proven track record. The defendant will need to answer a lawsuit complaint. A lawyer should file a complaint immediately, so you don't waste more time. Only 29% Contingency Fee!

What happens if a defendant fails to respond by the deadline?

Jun 09, 2015 · Answered on Jun 09th, 2015 at 4:04 PM A defendant who does not show up in court having been properly served and noticed generally will be defaulted, that is a judgment will be entered in the plaintiffs favor if all of the procedural aspects of the case have been properly undertaken. Report Abuse Ask a Lawyer

What is it called when you refuse to answer a question in court?

If the judge directs you to answer a question and you refuse, you can be held in contempt and put in jail until you agree to answer. If the answer would tend to incriminate you, however, you might have a fifth amendment privilege to refuse to answer... More.May 4, 2012

What does it mean to assert your Fifth Amendment privilege?

To "plead the Fifth" means you have the right not to answer police questions both while in custody or in court. The right against self-incrimination is spelled out in the Fifth Amendment to the U.S. Constitution and also extends to state and local jurisdictions.Dec 29, 2021

What is cross-examination by defense?

Cross-examination is an opportunity for the defense attorney to question the prosecution's witnesses during a trial. Cross-examination is an effective way for the defense to present evidence by using government witnesses.May 11, 2011

What is cross-examination in law?

Cross-examination gives the opposing party an opportunity to point out the weaknesses of a witness's testimony, like holes in their story or a lack of credibility.

What are the 5 protections of the 5th amendment?

Scholars consider the Fifth Amendment as capable of breaking down into the following five distinct constitutional rights: 1) right to indictment by the grand jury before any criminal charges for felonious crimes, 2) a prohibition on double jeopardy, 3) a right against forced self-incrimination, 4) a guarantee that all ...

Can you plead the fifth to every question?

But they have a special advantage. Unlike the defendant, they can selectively plead the Fifth. So, they could answer every question posed to them by the prosecutor or defense attorney until they feel that answering a particular question will get them in trouble with the law.May 31, 2018

What are five guidelines for responding to questions during cross-examination?

Five Steps to an Effective Cross-ExaminationEstablish Your Goals for Each Witness. ... Structure Your Questions to Box Witnesses In. ... Strategically Use Constructive & Deconstructive Cross-Examination. ... Know Witnesses' Prior Testimony Inside & Out. ... Keep Your Cool with Uncooperative Witnesses.Sep 17, 2020

What questions are asked in cross-examination?

In the course of cross-examination, a witness may be asked questions: (i) To test his veracity; (ii) To discover who he is and what his position in life is; (iii) To shake his credit by injuring his character, although his answer might criminate him or expose him to penalty or forfeiture.Aug 1, 2020

How do you answer cross-examination?

Tips for a Successful Cross-ExaminationListen carefully to the prosecutor's question and let him ask his entire question before you answer.When you do answer, answer the question that is being asked, but nothing more. ... Stay calm and don't argue. ... Tell the truth. ... Think before you answer the question. ... Don't guess.More items...•Oct 26, 2020

How do lawyers ask questions?

0:165:25How to ask questions like a lawyer - YouTubeYouTubeStart of suggested clipEnd of suggested clipThe first secret is that what we're doing we're not really asking questions what we're doing isMoreThe first secret is that what we're doing we're not really asking questions what we're doing is making statements. That sound like questions and those are statements that the witness.

What is the difference between direct examination and cross-examination?

Cross-examination occurs after the witness's direct examination. Specifically, cross-examination allows the opposing party's attorney to question the witness in order to uncover information that may not have been disclosed during direct examination or to impeach the witness.Jun 24, 2020

How do you ask cross-examination questions?

Here are some tips for doing a cross-examination:Ask leading questions. ... Don't ask narrative questions (questions that don't have a single answer). ... Don't ask questions that are really about opinions (for example, don't ask things like "Do you think he was wrong to forget the children?").

What is a general denial in California?

In CA Superior Court, a general denial is all that is required unless plaintiff filed a verified complaint, in which case the defendant must respond to every paragraph. In federal district court, the defendant must respond to every paragraph.

Is it a failure to deny an allegation in a complaint an admission of the allegation

Ms. Swanson correctly advises you. As a general rule, failure to deny an allegation in a complaint is deemed to be an admission of the allegation. The usual practice of a defendant in answering a complaint is to track the paragraph numbers of the complaint in the answer, so that, for example, the allegations in paragraph 27 of the complaint would be dealt with in paragraph 27 of the answer. In that way, it...

Joanne Reisman

There are many possibilities depending on whether it is an insurance company who will defer to their insurance defense attorney (with a sophisticated understanding of the legal process), or an uninsured defendant who may or may not defer to their attorney's advice. BUT in any event, in our business its often "put your money where your mouth is".

James Michael Roswold

Very common occurrence. Have your lawyer send another certified after a reasonable a,out of time.

David B Pittman

I agree - not uncommon. You need to talk with your attorney about how best to proceed, since you have not heard from the other party and their attorney.

Kevin Coluccio

Unfortunately this is very common. Often times, Defendants will ignore a demand letter until a lawsuit has been filed and they have been served. If they have not offered to settle, file the suit.

Brian Heath Crockett

The majority of lawyers haven't stepped foot in a courtroom, and I hope your attorney has trial experience, or you would want to retain a lawyer with a proven track record. The defendant will need to answer a lawsuit complaint. A lawyer should file a complaint immediately, so you don't waste more time.

What to do if you are unhappy with PD?

If you are unhappy with PD even after attempting to fix that relationship you may be forced to seek a differenct attorney. The court may permit PD to withdraw if attorney client relationship has deteriorated to such a point that there is no trust. Sadly court may appoint a contract counsel who may or may not be more involved. If you have no funds that is your best option. If you have funds to hire private counsel find the best in the area and make an appointment to meet. I routinely meet with folks incarcerated and am sure any competent defense lawyer in your area would do the same. Good luck.

What to do if a public defender is not doing his job?

If the public defender is not doing his job, you could always hire your own attorney. Otherwise, you husband could bring the matter to the attention of the court arguing that he is receiving ineffective assistance of counsel. Report Abuse. Report Abuse.

Why is my attorney not returning my calls?

The reason the attorney may not be returning your calls is because of the attorney-client privilege that precludes him from talking about the details of the case with you. However, it sounds as if your husband has not been able to tell the attorney important information about the case.

What is the best path of inquiry in a case?

Where the evidence is overwhelming, negotiation of a favorable plea may be the best path of inquiry.

Do private attorneys work for the government?

A private attorney doesnt work for the court/government. They are paid by their clients to evaluate the case and represent them, giving the case and client the proper attention. If your husband is asking his public defender to visit him in custody, that will NOT happen. Public Defenders just can't do that.

Is a new attorney an improvement?

However, there is not guarantee that the new attorney will be an improvement over what you experience. Keep in mind that the attorney is responsive to the client, not the client's wife. If the attorney were to respond to numerous phone calls from spouses, family, friends, etc, it would be overwhelming and not productive.

Do public defenders have to return phone calls?

A criminal defendant is entitled to a competent attorney, nothing more. That means that the public defender does not "have to" return every phone call, or work for 5 hours on someone case every day, etc. It is unfortunate, but that is the reality of the public defender's office.

What are the things that must be done before a trial?

Once the trial date is set, there are a number of things that must be done, including disclosure of expert witnesses, preparing a mandatory settlement...

Can you represent yourself in a civil case?

It is very difficult to represent yourself, almost impossible if the defendant has an attorney. The parties engage in written discovery and depositions, subpoena of records. You may have an opportunity to go to non-binding arbitration or mediation prior to trial. Once the trial date is set, there are a number of things that must be done, including disclosure of expert witnesses, preparing a mandatory settlement...

What does the plaintiff have to prove in a hypothetical accident?

The Plaintiff must prove the Defendant was driving the car that caused our hypothetical accident. As an illustration, assume all three witnesses died, and that the Plaintiff told the Court he did not actually see the Defendant driving.

Why is it imperative that a defendant defend himself and prove why the Plaintiff is incorrect in his statements?

Because Plaintiff’s attorneys typically ask for much more than they will receive at trial, it is imperative that a Defendant defend himself and prove why the Plaintiff is incorrect in his statements. If the judge approves, a Default Judgment can be entered against any Defendant who has been properly named and served.

Why would the court dismiss a case even though the Plaintiff was injured?

At a trial, the Court might dismiss the case, again even though the Plaintiff was injured - because the Plaintiff cannot say with certainty and prove that the Defendant was driving. To digress a moment, this kind of action is what infuriates most people about the American Legal System.

What is the answer from the defendant?

Answer From the Defendant (s) Once a Complaint is filed against a Defendant or Defendants, each is required to answer the Complaint, which usually means to file a form response to all of the statements or allegations in the Complaint. It is typical for the Defendant to deny everything at this stage, since it is the Plaintiff’s burden ...

Is default process fair?

A Plaintiff should know that this the Default process is generally not considered by courts to be the fairest means of resolving the dispute, since the Defendant arguably never had an opportunity to defend himself.

Do you have to file a formal answer in a lawsuit?

Every Defendant in a case is required to file a formal Answer, even if they had no role in the lawsuit. They can, if they wish, file certain papers [sometimes known as a Motion to Dismiss] instead of an Answer, asking the judge to rule that they had nothing to do with the case.

Does it mean your attorney is not listening to you?

Most importantly, while it causes many Plaintiffs concern, it does not mean your attorney is not listening to you, or that you are "losing.". That is just how the Legal System tends to work, although some cases do afford the Plaintiff more control.