Defendent hasn't made an appearance
- Thread starter John joe
- Start date
Re: Defendant hasn't made an Appearence
You need to file a motion for judgement in the masters court. The master will most likely allow more time for the defendant to make an appearance if the defendant responds to the motion.
Is the defendant a person or company?
You need to file a motion for judgement in the masters court. The master will most likely allow more time for the defendant to make an appearance if the defendant responds to the motion.
Is the defendant a person or company?
Re: Defendant hasn't made an Appearence
Will the motion for judgement be headed "motion for judgement" also I take that it will need to be filed with an affadavit? correct?
Will the motion for judgement be headed "motion for judgement" also I take that it will need to be filed with an affadavit? correct?
Yes. I am here looking for advice. After all is called 'Ask about Law'. So if you dont have any positive add to my thread then don't bother posting!!
I think advising against taking legal advise from anonymous people off the internet is excellent advise.
No offence to bond who I am sure has posted correct advise.
John Joe, if you choose to post on a public forum, then you have to accept other posters rights to post within the forum guidelines.
BTW its not "your" thread - its a thread you started, and the reservations posted by McCrack have already been voiced by others, myself included.
If you don't find the responses helpful or positive, then you have other options as pointed out previously.
Again I came here looking for advice as regards to the thread heading. You didn't offer any response to the question asked. I suggest you and McCrack concentrate on acting as a solicitor for your clients and stop coming on here to give off about lay litigants looking for advice!!
John joe I would if I had a job 
Honestly I remember posting earlier to you saying that if your case (I understand it to be a personal injuries) had merit you will easily find a solicitor practicing in litigation to take it on a no win, no fee.
Whatever apathy you have for lawyers needs to be put aside for your own good. I presume you are aware that costs follow the event which means that if you are unsucessful you will be liable for the defendant's costs.
I dont know the facts or merits of your case but I can think of one person who had a strong personal injury case decided to run it themselves and fall flat on their face basically due to their own incompetance and point blank refusal to engage the services of a solicitor.
Good luck.
Honestly I remember posting earlier to you saying that if your case (I understand it to be a personal injuries) had merit you will easily find a solicitor practicing in litigation to take it on a no win, no fee.
Whatever apathy you have for lawyers needs to be put aside for your own good. I presume you are aware that costs follow the event which means that if you are unsucessful you will be liable for the defendant's costs.
I dont know the facts or merits of your case but I can think of one person who had a strong personal injury case decided to run it themselves and fall flat on their face basically due to their own incompetance and point blank refusal to engage the services of a solicitor.
Good luck.
John Joe, if you can take a few seconds to read the thread again you might just realise that McCrack actually gave you the best advice available. Its easy to short snappy answers and good soundbites but without the full details of your case, it's very possible that you will not find what you are looking for on the internet. For every rule in the statute books, there are several exceptions... and as a result, many swords for you to fall on.
However, feel free to give out to me too.... but i am actually offering you advice, just hope you can realise that.
However, feel free to give out to me too.... but i am actually offering you advice, just hope you can realise that.
Thanks for the suggestion, but the Law Society might have something to say to me if I followed it.
Nah, I like it here and I'll stick around until the mods ban me or my broadband payments bounce.
Thank you for your postive reply. But as it turns out under order 13 Paragragh 9 of the Superior court rules. I can proceed to run a trial without these defendants as there are several other defendants in the case.
"9. Where there are several defendants to such a plenary summons as is mentioned in rule 6 and one or more of such defendants appear to such summons, and another or others of them fail to appear, the plaintiff may proceed under the said rule against the defendant or defendants so failing to appear and the application for judgement thereunder shall be heard and the damages (if any) to which the plaintiff may be entitled ascertained, as against such defendant or defendants, at the same time as the trial of the proceeding or issue therein against the other defendant or defendants, unless the Court shall otherwise direct."
Thread closed.
M
mercman
Guest
Didnt know you were a mod and could close threads!!
John joe only likes advice he agrees with..this may be one of the reasons he has not found a solicitor he likes..
I think ill adopt his attitude...from now on the only people who are right about any topic under the sun will be me and everyone who agrees with me..
I feel happier already!
I think ill adopt his attitude...from now on the only people who are right about any topic under the sun will be me and everyone who agrees with me..
I feel happier already!
I think I have in the past volunteered some advice to the OP. It seems to me that if you are looking for legal advice online, it would be sensible to at least pretend to want to hear what practicing lawyers have to say on the topic. OP's antipathy to lawyers makes this impossible; I am reminded somewhat of the old saw that there are three ways to get a thing done: do it yourself, pay someone to do it or tell your kids not to do it.
It seems that any thing I or any other lawyer might say to the OP seems to produce the exact opposite of the intended effect; Nevertheless, I wish him luck.
It seems that any thing I or any other lawyer might say to the OP seems to produce the exact opposite of the intended effect; Nevertheless, I wish him luck.
I think John Joe is winding us up.
If not he has a lot to learn about running a personal injuries action e.g. when issues like replies to particulars, compliance with discovery, Section 17 offers etc etc.
However it is a free country. He certainly can proceed as a lay litigant but should he be clogging up the board with the simplest of queries?
If not he has a lot to learn about running a personal injuries action e.g. when issues like replies to particulars, compliance with discovery, Section 17 offers etc etc.
However it is a free country. He certainly can proceed as a lay litigant but should he be clogging up the board with the simplest of queries?
If this is the same personal injury case as before then I suggest that the OP check that he has read the correct Order of the Superior Court Rules. There is a specific Order regarding court procedure of personal injury cases. The OP will find the answer to the original question there.