What happens if no Defence is filed?
What happens if no Defence is filed?
If you do not file a defence within 28 days the plaintiff may get a judgment against you without you being notified. This is called a default judgment. Once judgment is entered against you the plaintiff can start enforcing the judgment debt.
How long does a motion take in court?
The court date will really depend upon the courts calendar. Sometimes it can be as short as three or four weeks other times it can extend out to seven or eight weeks. The best way to find out in advance is to call the court speak with the judges clerk and ask your question.
How long does it take for a judge to hear a motion?
In the states and federal courts I am familiar with, the lawyer files a motion and sets it for hearing about six weeks later, more or less, depending on the court’s docket. At the hearing, the judge may rule immediately or he may take the case under advisement.
What happens when a judge does not follow the law?
Case Law also states that when a judge acts as a trespasser of the law, when a judge does not follow the law, he then loses subject matter jurisdiction and the Judges orders are void, of no legal force or affect.
Can you sue a judge for being biased?
Absolutely! You need to ask for them to recuse themselves so another judge can hear the case without being biased about the outcome. If the judge disobeyed the law, you should appeal and file a complaint about the judge.
What if the judge is biased?
The bias could also be towards your attorney. In a situation where a judge is biased or prejudice, the result could be a decision that is not fair or impartial to one party in the case. Often, a judge will identify their own inability to be fair, neutral, and impartial and will recuse themselves from the case.
What do you do if you feel the judge is biased?
If the Judge makes a ruling in a court hearing that a guy feels is bias, then he should contact his attorney immediately to try to bring the matter back to court for a motion to set aside the order or appeal the ruling depending on the state’s rules of civil procedure.
