The Defendant


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Proving Up a Small Claims Case

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The term "defendant" is used in both civil and criminal lawsuits. In an arbitration, the defendant is called a respondent, because they are responding to the claims of the claimant. In this court, there is no plaintiff or defendant. The parties to the case are the debtor the person filing bankruptcy , the creditors the parties filing claims against the debtor , and the bankruptcy trustee.

The Defendant

If you are sued, you become a defendant. The first thing that happens is that you are served with a complaint or a petition depending on the type of case.

This document is served by an officer of the court a sheriff's deputy, for example. Sometimes the document requires you to appear in court. In other types of lawsuits a divorce case, for example , you would have to file a document in response. Ask your witnesses to write a declaration or to go to your hearing.

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Keep talking to the other person. Try to settle the case before your hearing.

If you think more time could help you settle, ask the court to move your hearing to a later date. During the hearing Take the original and 2 copies of all of the papers you want to show the judge. Get to the courthouse 15 minutes early. Make sure your case is on the calendar. Go to the courtroom where your case will be.

When the clerk calls the names of all the cases, let him or her know you are there. They might ask you if you want to let a temporary judge decide your case.


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After the witnesses take their oath, the clerk will ask you to leave the courtroom with the plaintiff so you can share evidence and try to settle the case. You have to give the plaintiff a copy of all the papers you want to give to the judge.

If you agreed to settle the case, tell the judge right away. If you are close to settling the case, you can ask the judge to have the hearing later on so you can try to settle. Then, you will have a few minutes to present your case and answer questions.

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DEFENDANT | meaning in the Cambridge English Dictionary

Give your most important points first. If you filed a defendant's claim, make sure you can explain how you figured out the damages. Generate a file for use with external citation management software. Create File. Behav Sci Law. Antonio ME 1.

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Author information 1 m. Abstract This paper examines the impact of the defendant's appearance during the trial on capital jurors' punishment decision. Supplemental Content Full text links.

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