Pleadings-GDC Flashcards
What is a warrant?
printed form starting case in GDC that is served by sheriff or deputy
What is a notice of motion for judgement?
goes along with the tailored motion for judgment drafted by P in GDC
The return date for Warrant/Notice of Motion for Judgement (i.e. when D must appear in court) cannot be…
more than 60 days from service, or be less than 5 days from service
In GDC, how does D respond to the civil warrant/motion for judgment?
By simply showing up on the return date and trying the case
In GDC, what does D do if he wants more information about the case?
- move for a bill of particulars (which court has discretion to grant)
When does D have to respond to the civil warrant/motion for judgment?
- P moves for grounds of defense, and
- the court grants it.
Does the trial always have to go forward on the return date?
- No
- a party may move for a continuance.
- Court may grant it
If the party does not move for a continuance before the return date, what happens?
- motion must be denied
- unless she shows continuance is in the best interests of justice
What is the rule regarding written instruments in GDC?
- If the suit is brought on a written instrument,
- the ORIGINAL document must be tendered to the court
- unless excused by the court by statute or for good cause.
When can a defendant object to venue in the GDC?
anytime on or before the day of trial.
In GDC, if the court orders P to file a bill of particulars, or orders D to file grounds of defense, and they fail to do so, what can happen?
The court can enter summary judgment against any party
How does P start the case in GDC?
Either:
- Obtain a civil warrant (i.e., printed form) from the clerk of court and fill in the blanks (i.e., name of parties and nature of grievance)
- Draft a tailored motion for judgment
