When does attorney for defendant file answer too late?

Attorney for defendant in Personal Injury Superior Court Unlimited filed Answer, but after Summons and Complaint was filed 1 year ago. Defendant did not answer Summons and Complaint within 30 days, now case is scheduled for Court Judgement hearing.

When to file a written response to a lawsuit?

DEADLINES For most types of lawsuits, the law requires you to file a written response with the court within 30 calendar days after you are served. Code of Civil Procedure (CCP) § 412.20 If the 30 th day falls on a weekend or court holiday, you have until the end of the next business day to file your response.

What happens if a defendant fails to file a timely answer?

(d) Except as otherwise provided in this section, when a defendant fails to file a timely answer, the defendant waives any right to further review of the penalties and assessments imposed in the initial decision . (e) The initial decision becomes final 30 days after it is issued.

What happens if defendant does not answer summons?

Defendant did not answer Summons and Complaint within 30 days, now case is scheduled for Court Judgement hearing. I notified insurance company, insurance company assigned an attorney for defendant, attorney now files Answer, at the same time files Demand for Jury Trial.

What happens when you respond to a civil lawsuit?

An answer is your opportunity to respond to the complaint’s factual allegations and legal claims. It also allows you to assert “affirmative defenses,” facts or legal arguments you raise to defeat plaintiff’s claim. Filing an answer prevents the plaintiff from getting a default judgment against you.

How to file an answer to a complaint without an attorney?

Answer Instructions Page 1 of 3 HOW TO FILE AN ANSWER TO A COMPLAINT WITHOUT AN ATTORNEY Attached is a form you may use to file your Answer to the Complaint filed against you. The Answer will give you the opportunity to tell your side to the Court. You may have legal claims of your own against the person who filed the complaint against

What happens if you file a request for default and the answer is not filed?

It is only if you filed a Request for Default and had default entered that the Court would disregard the answer. The burden is on you to alert the Court that the answer had not been timely filed. If you did so, then the Court does not have jurisdiction to accept the answer unless the default is set aside. — http://richarddwyer.com

What happens if a defendant fails to file a response?

The reviewing official may respond to the motion. (g) If the ALJ determines that a defendant has demonstrated extraordinary circumstances excusing his failure to file a timely answer, the ALJ will withdraw the initial decision, and grant the defendant an opportunity to answer the complaint .

Can a defendant file a motion to dismiss instead of an answer?

They can, if they wish, file certain papers [sometimes known as a Motion to Dismiss] instead of an Answer, asking the judge to rule that they had nothing to do with the case. But, regardless of whether this motion, or an Answer is filed, the Defendant is required at come to court and defend himself.

Can a default motion be filed if the answer is?

The law strongly favors resolution on the merits. If the answer is late, the only issue for the court is whether to award fees for the default motion. Judges typically award fees for a default motion when the motion had to be brought to get the defendant to Answer.

Can a motion to strike be filed after the answer is filed?

Any motion should show enough good cause to have the court use its discretion in the defendant’s favor. Under these principles, the court had inherent authority to treat defendant’s motion as a motion to strike, and to consider it on the merits even though the motion was filed after defendant had filed its responsive pleading.

When to file motion for leave to file answer?

Instructions for Motion for Leave to File an Answer: This form may be used by someone seeking leave of court (that is, permission) to file a late answer. (A party may file an answer within 28 days of the date the party was served with summons without seeking leave of court to do so).

What happens if you file a late motion in federal court?

Since you are filing the motion, it is your side’s position that the Pioneer factors apply to you and, as such, there is no undue delay that affects the orderly course of the proceedings and you are acting in good faith. So, it may be useful to attempt to get the other side to consent to the motion and the late filing.

What happens if you file an answer too late?

If you did so, then the Court does not have jurisdiction to accept the answer unless the default is set aside. — http://richarddwyer.com If you are the plaintiff and failed to file a request for default when more than 30 days from service expired, then this is what happens.