Under certain conditions, an aggrieved party may initiate an action for particular performance, i.e., a court order compelling the defendant to actually execute the promise he has made. A suit of this type may be brought instead of or in addition to a claim for damages. 19. See also 15 U.S.C. § 1117 (2000).
When a motion is filed in court, the opposing party is given the option to file an objection or answer. A party may oppose to a continuation for a variety of reasons, including a desire to expedite the case and have the subject heard as soon as possible. However, it is not appropriate for a party to file an opposition or raise any defenses at this stage if they are going to delay the proceedings by failing to appear.
In some cases, a party may be allowed to file an opposition or raise defenses after the hearing on the motion. This is usually because there are facts that need to be brought forward or legal arguments that need to be made before the hearing. For example, if a party needs more time to conduct discovery or investigate claims before the hearing, they can file a motion to continue the trial date. If the party files within a reasonable time period, the court may allow them to participate in the hearing.
In other cases, a party is required to attend the hearing even if they have objections or defenses. For example, if the moving party is required by law to show cause why they should be granted a continuance, then they must appear at the hearing to explain their need for more time.
If a party fails to appear at the hearing, they have waived their right to object to the motion and cannot later claim that they were denied their right to be heard.
Pleadings In a lawsuit, each side submits first documents, known as "pleadings." The filings provide each party's side of the argument. The Dispute The plaintiff initiates litigation by filing a complaint with the court and formally delivering a copy to the defendant. The defendant can file a answer denying most of the allegations in the complaint or can choose to ignore it completely. If he does neither, then the plaintiff can ask the court to enter judgment against him by default.
There are two types of judgments: default judgment and judgment on the pleadings. With a default judgment, the court grants the plaintiff's request for relief without hearing evidence or making any findings of fact. With a judgment on the pleadings, the court decides issues of law based on the facts alleged in the pleadings. These decisions are often made before trial.
The three main purposes of pleadings are (1) to give the other party notice of what conduct is complained of; 2>to give the court and parties information about the claim or defense; and (3) to facilitate the decision of cases when they can be decided on legal grounds alone.
In general, there are two ways that a case can proceed after the pleadings have been filed: (1) trial by jury; or (2) trial before a judge alone. A trial by jury is required if requested by either party.
In a suit for particular performance of an agreement, the responder must plead and establish that he was ready and willing to fulfill his share of the contract constantly from the date of the contract and the date of the suit's hearing. If he fails to do so, the court will deny him relief.
The requirement that a party seeking a decree of specific performance must be ready and willing to perform it at all times after the making of the contract and before final judgment, is one of the most important principles of equity jurisdiction. The reason for this rule is plain: if parties to an agreement could avoid or postpone their duty to perform by merely filing an action for a declaratory judgment, the purpose of the doctrine of equitable remedies-to secure the best possible outcome for all parties involved-would be destroyed.
For example, let's say that Tom and Jane make an agreement under which Tom agrees to sell Jane some real estate for $10,000. In return, Jane promises to pay Tom $5,000 upon execution of the contract and another $5,000 one year later. Although the agreement is in writing, Jane claims that she never signed it. Rather, she alleges that her husband agreed to sell the property but failed to do so.
An attorney must file the motion, which must be detailed in a concise legal document presented to the court. The following are the specifics of the case: The sitting judge considers the request and decides whether it should be granted or denied. If the judge grants the motion, the trial will be continued by another hearing date that is agreed upon by the parties or ordered by the judge.
There are several reasons why a motion for continuance may be appropriate. For example, a lawyer might not know enough about the case to provide an effective defense. Or, there may be new evidence that comes to light after a trial has started that requires further investigation or proof. When a motion for continuance is filed, the court must decide whether the party who made the request deserves another chance to prove their case.
The decision to grant or deny a motion for continuance is within the sole discretion of the trial judge. Judges may consider many factors in making this determination, including the amount of time that has passed since the defendant's original arrest, the amount of evidence that has been discovered since then, the likelihood that the defendant will prevail on his or her appeal, and any other relevant circumstances.
Generally, judges will only deny a motion for continuance if the defendant was responsible for delaying the proceedings and did so in order to secure a better outcome at trial.
To start a lawsuit, the plaintiff submits a complaint. The defendant responds to the complaint. If there is no response from the defendant within a certain time period, then the plaintiff can file for default judgment.
Judgments are issued by courts of record. There are two types of courts of record: trial courts and appellate courts. Trial courts have jurisdiction over cases involving claims between individuals or businesses over $75,000 and claims brought by government entities. Trial judges also have jurisdiction over civil cases involving claims under $150,000 if there is some question about whether they should hear the case at all. Judges in trial courts are called district judges. Judges in appellate courts are called circuit judges.
Civil lawsuits can be filed with either a trial court or an appellate court. Appeals are taken only from final judgments. A final judgment has been described as one that "ends the litigation on the merits and leaves nothing more for the court to do." Other matters such as motions for new trials or petitions for rehearing may be filed with the trial court but cannot affect the finality of the judgment.
Individuals who are dissatisfied with the outcome of their case may file an appeal.