what two documents must the plaintiffs attorney file with the court to obtain an attachment

All cases are comprised of documents prepared and filed by litigants. The most common documents are the complaint, answer and motions. The first document that you must write is called a COMPLAINT - (Attachment 1). The function of the COMPLAINT is to tell the Court and defendant the reason for filing the

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What is filed by the plaintiff?

The complaint states the plaintiff's version of the facts, the legal theory under which the case is brought (negligence, for example), and asks for certain damages or other relief. The plaintiff also files with the court clerk a request that a summons (or notice) be issued to the defendant.Nov 28, 2021

What is the first document to be filed in a case?

ComplaintUsually the first document filed in a lawsuit is the Complaint (or Petition), which provides an outline of the plaintiff's case against the defendant.

Which document filing will come before an answer is filed in a lawsuit?

complaintUsually the first document filed in a lawsuit is the complaint (or petition), which provides an outline of the plaintiff's case against the defendant.Nov 29, 2018

Which is the name of the process used by the defendant or plaintiff to obtain facts and information about the case from the plaintiff or defendant?

One of the most common methods of discovery is to take depositions. A deposition is an out-of-court statement given under oath by any person involved in the case.Nov 28, 2021

What 2 documents initiates a lawsuit in the state of Washington?

Summons and Complaint – Two separate documents that go together to start a civil lawsuit.

What is an example of a legal document?

Some common legal documents include: Corporate bylaws. Non-disclosure agreements. Purchase agreements.

When can you file a motion in California?

Filing deadlines: Motion: sixteen court days before the hearing date. Opposition: nine court days before the hearing date. Optional Reply: five court days before the hearing date.Jun 30, 2016

What two conditions must exist for federal courts to have diversity jurisdiction?

The two requirements for federal courts to exercise diversity jurisdiction are: (1) the plaintiff and defendant must be citizens of different states; and (2) the amount in controversy must be greater than $75,000, exclusive of interest and costs.

How do I file a lawsuit in Massachusetts?

To sue someone in Massachusetts, you have to file a complaint with the clerk of the court. A complaint is not a specific form. It is a document that contains a short statement of the facts showing your claim and why you are entitled to relief and a demand for judgment granting that relief.May 19, 2021

What are the two sides in a civil case called?

In civil trials, the side making the charge of wrongdoing is called the plaintiff. (The side charged with wrongdoing is called the defendant in both criminal and civil trials.)

Which is the name of the process used by the defendant to obtain facts and information?

Prosecutors must also provide the defendant copies of materials and evidence that the prosecution intends to use at trial. This process is called discovery, and continues from the time the case begins to the time of trial.

Which is the name of the process used by the defendant to obtain facts?

Discovery – The process used by parties to court cases by which one party obtains information and facts known or possessed by the other party or by witnesses. Discovery includes, but is not limited to, interrogatories, requests for production of documents, depositions, and requests for admissions.

What are the two types of cases that can be heard in federal court?

Generally, only two types of cases can beheard in federal court: cases involving a federal question and cases involving diversity of citizenship of theparties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treatiesis a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen ofanother State or nation and the amount at stake is more than $75,000 is a diversity of citizenship case. In adiversity of citizenship case, no defendant may be a citizen of the same State as any plaintiff.

What is the rule of civil procedure 11?

Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, information,and belief that this complaint: (1) is not being presented for an improper purpose , such as to harass, causeunnecessary delay, or needlessly increase the cost of litigation ; (2) is supported by existing law or by anonfrivolous argument for extending, modifying, or reversing existing law; (3) the factual contentions haveevidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonableopportunity for further investigation or discovery; and (4) the complaint otherwise complies with therequirements of Rule 11.

What does "prisoner" mean?

(h) As used in this section, the term "prisoner" means any person incarcerated or detained inany facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for,violations of criminal law or the terms and conditions of parole, probation, pretrial release, ordiversionary program.

Who must serve a copy of a court answer?

Before you file your answer with the Clerk, a copy must be served on the Plaintiff or Plaintiff’s attorney. It can be served by mail but must be done by a person who is not a plaintiff or defendant in this case.

What is the law called when you believe the plaintiff has taken advantage of his or her own wrong doing in relation to the

The law requires those coming into the court seeking justice to do justice themselves. This concept is called “clean hands .” If you believe the plaintiff has taken advantage of his or her own wrong doing in relation to the lawsuit, you may raise this defense.

What is a lawsuit for money based on a contract called?

lawsuit for money based on a contract, loan or agreement is a civil action. The one who is bringing the lawsuit is called the plaintiff. The one who is being sued is called the defendant. If you are sued, you have several choices:

How long do you have to respond to a summons?

One of the papers you should have received is called a Summons. If you choose to respond to the summons and complaint you must do so within 30 days of the date you were personally served. The 30 days includes Saturdays and Sundays. Do not count the day you were given the lawsuit, but begin counting with the next day. If the 30th day falls on a Saturday or Sunday, you can file the Answer on the following Monday.

Where can I get a CA answer form?

You can get the Answer forms from the Court Clerk’s office, located at 1100 I Street, Modesto, CA or the Self-Help Center located at 800 – 11th Street, Room 220 of the Courthouse . You can also get them online at www.courtinfo.ca.gov/forms.

What happens if you delay filing a lawsuit?

The law requires people to act promptly to enforce their rights. If the plaintiff waited a long time to file a lawsuit, without having a good reason for the delay, and the delay has made it harder for you to defend the case, this defense may apply to you.

What happens when you put a contract in writing?

The law states that when people put their agreements in writing, the written contract takes priority over whatever else is said in relation to the agreement. If the plaintiff’s claims are based on a verbal statement that contradicts, or falls outside the written terms of the agreement, you may raise this defense.