Pleadings in General District Court Flashcards
How does P initiate a lawsuit in GDC
P obtains a civil warrant (printed form) from the clerk of court and fills in the blanks with the names of the parties and nature of the grievance. OR P can draft a tailored motion for judgment (complaint).
Who is the civil warrant directed to, and what happens with it?
The civil warrant is directed to the sheriff or deputy, who then serves it on the defendant.
If P drafts his own motion for judgment, he can have an ________ serve it, along with a ______________.
Officer; notice of motion for judgment.
What does the warrant (or notice of motion for judgment) say?
It tells D that he must appear in court on a certain day (“the return date”) to respond.
The return date cannot be more than _____ days or fewer than ____ days after service of process.
No more than 60; no fewer than 5.
True or False: Generally, D does not file a responsive pleading.
TRUE.
Instead of filing a responsive pleading, what must D do?
He and P show up on the return date and try the case.
Can D ever be required to file a responsive pleading?
Yes, if P moves for grounds of defense. Court has discretion whether to require the grounds for defense.
What can D do if he wants more details about P’s case?
He can move for a bill of particulars.
What happens 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?
The court can enter summary judgment against the party failing to file.
What can a party do if they don’t want to go forward with the trial on the return date?
Move for a continuance.
What happens if the party doesn’t move for a continuance before the return date?
The motion must be denied, unless party shows continuance is in the best interest of justice.
If the suit is brought on a written instrument, the __________ must be tendered to the court unless excused by court by statute or for good cause.
Original document.
When can D object to venue?
At any time on or before the day of trial.
