Can someone explain normal procedure here? Is it always on a plaintiff to both file a lawsuit and serve notice to defendants that they’re being sued? Does no court date etc get set until they’ve provided proof that the defendant was served and knows about the suit?
Nunes is hilarious when he plays the victim.
“Criminal Justice Process Isn’t A Political Weapon”
——Barr
If the defendant is not served, the case does not proceed.
The court date is set when the suit is filed. It does not wait for the plaintiff to serve the defendant. If, however, the court date arrives and the defendant has not been served, the case will not be heard by the court.
Yes it is. Plaintiff has to pay for issuance of a citation then pay to have it served by a process server .
You have to serve and provide proof of such service.
If a plaintiff files a lawsuit and then fails to serve an easily located defendant it could be a sign of incompetence on the part of the plaintiff’s lawyer, or it could be a sign that the plaintiff doesn’t really want to do more than bitch and moan in public because he knows his case has no merit.
If we could get rid of Nunes next year we’d be down to six Republicans representing the whole state of California (out of 53 total Reps). That’s a worthy goal in my mind. Come California, we can do this!
Nunes is performing for his district, but also for the White House. Filing frivolous lawsuits or threatening to is like taking communion for that tribe: it is marks them as belonging.
We are heading down a very dangerous road… Republicans are willing to do and support those who do crazy harmful things and the citizens do nothing to hold them accountable. In fact they continually vote yes for these wackos so not quite as wacko Republicans do nothing and we as a country continue to be sucked down the rabbit hole.
Yes the burden is on the plaintiff to have the lawsuit served on the defendant. It has become easier to serve lawsuits over the years, but depending on the jurisdiction there are still things the plaintiff has to do beyond filing his petition or complaint. He has to take affirmative steps to make sure the papers are served on the defendant or the defendant’s representative. That starts the clock running for the defendant to answer is some fashion. I would imagine that in this case the answer would be accompanied by a motion to dismiss or maybe a motion for summary judgment.
Is Steven S. Biss a partner in the VA law firm of Muck and Mire?
No, it’s Dewey, Cheatem, and Howe, LLP.
Nunes legal maneuvers are certainly amoosing.
Is it time for tort reform yet?
I’ll see myself out with one last comment… when is this all going to end? it’s getting old fast. Actually it got old a really long time ago and now I am just angry.
Ted Boutrous needs to file for Rule 11 sanctions against both Nunes and his lawyer. Rule 11 states that a lawyer and his client can be sanctions when the following three requirements for any filing are not meth:
“(1)t is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
(2) The claims, defenses, and other legal contentions therein are warranted by existing law or by a non frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(3) The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery”
This would allow McClatchy to get their legal fees from Putin’s poodle Nunes.
But what about the cow?!!! @DevinCow deserves equal press.