If he isn't represented by counsel and fails to appear for trial, then yes, the court will grant whatever it is you ask for. If you don't have any pleadings on file requesting affirmative relief, then the court should still grant your requested relief because no one will be there to object to you not having any pleadings on file.
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Jan 24, 2015 · If he isn't represented by counsel and fails to appear for trial, then yes, the court will grant whatever it is you ask for. If you don't have any pleadings on file requesting affirmative relief, then the court should still grant your requested relief because no one will be there to object to you not having any pleadings on file.
Sep 23, 2019 · However, if you file a late I-751 you can up your chances that USCIS (US Citizenship and Immigration Services) will decide, rather than an immigration judge. In addition, conditional residents who were placed in removal proceedings were sometimes granted a continuance or postponement of the hearing, which would give them time to file a new I-751 and wait for an …
Proving "Good Cause" for Filing a Late Joint I-751 Petition. USCIS has broad powers (or discretion) to determine the meaning of "good cause" for filing late, and will approach such applications on a case-by-case basis. The agency's current policy recognizes the following as examples of good cause: hospitalization or long-term illness
Mar 20, 2014 · Answered on Mar 20th, 2014 at 12:57 PM. Yes, you should file an answer to a petition, even a counter petition. This would ensure that the court does not consider any claims to be admitted because you failed to deny them. Report Abuse.
Foreigners who have a Green Card based on marriage are considered conditional residents and they will need to petition to remove the conditions of their residence by filing Form I-751 within a 90-day period before the Green Card expires.
US immigration laws and regulations allow late I-751 filing if the petitioner can prove there is good cause and then be able to become a permanent resident.
Talk with your immigration lawyer in California to determine which circumstances in your life took part in you forgetting to file the form in time. This will help your case be framed in terms of good cause.
USCIS has broad powers (or discretion) to determine the meaning of "good cause" for filing late, and will approach such applications on a case-by-case basis. The agency's current policy recognizes the following as examples of good cause: 1 hospitalization or long-term illness 2 obligations or grief related to the death of a family member 3 legal or financial problems 4 having to care for someone (such as an ailing spouse) 5 serious family emergency 6 work commitment, or 7 having a family member in active duty with the U.S. military.
If you will need to file late a joint I-751, be sure to submit a written explanation of your "good cause" for the delay. Under current USCIS policy, if you fail to submit this written explanation, you will first receive a request for evidence (RFE); then, if you fail to submit such explanation in response to the RFE, your I-751 will be automatically denied.
This means that their green card will expire after only two years. In order to become permanent residents, they will need to petition (either jointly with their spouse or individually with a waiver request) ...
Unlike conditional residents who file their I-751 jointly with their spouse, I-751 petitioners who file alone are allowed to file their petition at any time (or at least so long as they have not already been ordered deported).
WA courts generally disfavor granting default judgment and prefer deciding the issues on the merits.#N#Unless you can show that the 2-day late answer caused damage to your case that only a default would fix, the court likely would not give you a default. Given that WA...
Mr. Lundberg is correct. Once an answer has been filed, it is a waste of time asking for a default. You won't get one. Just plow on with the rest of the schedule and get the dissolution finalized. Hope this helps. Elizabeth Powell
Generally speaking, once an answer is on file you can no longer request a default.#N#NOTE: This answer is made available by an attorney licensed to practice in the state of California. The communication is intended for educational purposes only.
Violation of a restaining order under the Domestic Violence Act results in being charged for a third degree crime of contempt of court, punishable by up to five years in prison. Get a lawyer, NOW.
There is a saying in the law, "He who alleges must prove." That means the protected person who says you violated the order must testify how that happened, after the DA accepts and processes the complaint. You must be there (in court to state your own version of events, or else the judge will rule against you if there is credible evidence to do so). The courts are very stressed out; their funding has been cut drastically. If your "violation" is low-level, an agreement, favorable to you, might be worked out.
A personal protection order orders the respondent to not engage in certain spelled out behavior. The personal protection order does not prohibit the petition for taking any action. However, if the petitioner is ignoring the order, this may be grounds to ask the court to set the order aside.
It's hard to find a general number, but it's safe to say that you almost always have at least a year to file a lawsuit. So you have plenty of time to research the relevant laws and find a lawyer, but don't procrastinate because certain lawsuits need to be filed within this one year period. The exception to this is if you are suing ...
Because the government writes the rules, they've made it particularly difficult to sue them. In some instances you have as little as 60 days to file a lawsuit, and in some cases you are required to file an administrative complaint before filing a lawsuit.
To give you a good example of how much variation there is depending on what the claim is, here are the statutes of limitations for some actions within California: 1 Personal injury: Two years. 2 Libel or slander: One year. 3 Domestic violence: Three years. 4 Medical malpractice: Three years. 5 Breach of written contract: Four years. 6 Breach of oral contract: Two years. 7 Childhood sexual abuse: Eight years from the child's 18th birthday or three years after discovering that some injury resulted from childhood sexual abuse regardless of the victim's age.
It depends entirely upon the state you're in (or federal law) and what the offense is. Some claims may expire as quickly as a year after the event in question took place. Other claims can be filed decades later (tax fraud, for instance). If you are considering filing a lawsuit, contact an attorney or check the relevant laws to find out what ...
It depends on whether the statute of limitations has run on whatever you're being charged with. Typically, however, judges will not automatically throw out a case due to a statute of limitations having run. You have to expressly bring it up with the judge, asserting it as an "affirmative defense" to the claims in the lawsuit.
If you asked the plaintiff to provide the contract that says you owe the debt and the Plaintiff did not provide it, tell the judge. If you asked the plaintiff to provide their record of what you owe and they did not, tell the judge. Tell the judge that if the plaintiff cannot provide proof of the debt amount, they cannot win their case. The accounting of the debt amount is the ledger.
Request for Interrogatories. The plaintiff must give you responses to the request for interrogatories within 45 days of when you mailed the request. If they do not give you a response you can send a final request to the plaintiff. In the final request tell the plaintiff they have another 30 days to give you answers to your interrogatory requests.
Motion day is the day and time of the week where the judge will hear motions like the one you are filing. Motion day is usually a certain day at a certain time each week. For example, in your district court, motion day might be Tuesdays at 10 am.
Request for Production of Documents within 30 days. You can file a Motion for Order Compelling Discovery. If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case.
It is very important that the final request says in it, “the defendant can request a dismissal of the case or a final judgment if the plaintiff does not provide him/her with answers.”