Defendant Response To Motion

Summary

In California federal court, defendants generally need to respond to motions to adopt sister state judgments within a set timeframe. However, exceptions exist, such as administrative relief motions under Local Rule 7-11, where a formal response may not be necessary unless the court directs otherwise. Its crucial to review local court rules or consult an attorney for specific guidance.

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California federal court
In California federal court, the defendant must respond to a plaintiff's motion to adopt a sister state judgment. The response typically must be filed within a specific timeframe, usually 21 days, but this can vary. It’s best to consult the local court rules or an attorney for precise deadlines and requirements.
Do you need more details on how to file a response?
Well why did the magistrate say that the defendant never had a duty to answer the motion because it was not a civil suit?
In a federal court, motions related to sister state judgments are generally considered civil matters. If the magistrate indicated there was no duty to respond, it might be because the motion was incorrectly classified or a specific rule or exception applied.
Can you provide more details about the nature of the case or the motion?
I filed a motion for default judgement based on the fact that the defendant failed to respond to my motion for sister state judgement....in the judges recommendation and report when I made it clear of a default, he said that a defendant does not have to answer a motion for a sister state judgement, it's a miscellaneous civil action. How is this correct ?
It sounds like there might be a misunderstanding or a specific procedural rule at play. In federal court, a motion to adopt a sister state judgment is indeed a civil action, and typically, the defendant should respond. However, it's possible that in your specific jurisdiction or case, there might be exceptions or special rules.
To clarify, I recommend:
- Reviewing the specific rules and procedures of your local federal court.
- Consulting with an attorney who can offer detailed guidance based on your case's specifics.
Would you like more information on how to find local court rules or contact an attorney?
What does California federal district Court Northern California local rule *.* say?
Local Rule *-* of the Northern District of California Federal Court pertains to motions for administrative relief. It outlines procedures for matters not otherwise governed by motion practice, such as extending filing deadlines or other minor procedural issues.
Would you like more information on how to proceed with your case?
Yes
Local Rule *-* of the Northern District of California Federal Court states that motions for administrative relief must be accompanied by a proposed order and supported by a declaration explaining why the relief is needed. These motions are typically used for minor procedural issues.
Would you like more information on how to file a motion or need assistance with any other part of your case?
Does a defendant have to respond to these types of motions?
Case Rating: *
In general, defendants must respond to motions that impact their rights or obligations. However, for *administrative relief motions* under Local Rule *-*, a formal response may not always be required unless directed by the court. It would be wise to check the specific instructions given by the court in your case.
Would you like more information on typical responses to these types of motions?
Under what circumstances is a formal answer not required?
Case Rating: *
In general, a formal answer is not required under the following circumstances:
- Administrative Motions: Typically, these include minor procedural issues where the court may not require a formal response.
- Motions Without Direct Impact: If the motion does not directly impact the defendant's rights or obligations.
- Court Discretion: If the court specifically states that no response is necessary.
Would you like more details on any of these exemptions?