N
NancyLou9
Guest
What is the name of your state? Ohio
I have been trying to find a clear definition of "Responsive Pleading".
In relation to a lawsuit we filed the defendant stalled and has gotten three deadlines to file a response. No atual response has been filed. Instead, they filed a Verified Motion to Dismiss.
The verified motion actually has proveable falsehoods that be disproved using court documentation from another court.
How would the legal eagles here respond to something like this?
(BTW, the motion was to use the grounds of lack of personal jurisdiction. The torts committed were against us while we are residents of Ohio and she is a resident of another state.)
Also, the defendant tried twice to file something with the court as a response and both of them were stricken by the judge as they were in the form of letters and did not address form at all. The first attempt didn't even address the issues. The second one was so filled with rage one couldn't make heads nor tails of it. Also, in the second one, statements were made that were obviously not true and could be proven. Also attached was a printout of an e-mail they said I sent that was obviously made up with the defendant stating I was harrassing her, when in fact I don't even know her e-mail address. In both letters to the judge, the defendant asked if she could attend all hearings via telephone. Both of these were written before the Motion to Dismiss.
Could the defendants actions be considered a waiver of the defense of personal jurisdiction? IMO I think it does, but I'm not an attorney.
Lastly, how would one go about filing charges against a person for perjury? Is this something that can be done in the Court of Common Pleas as a motion that is part of the proceedings or do I take everything to the DA and ask for charges to be filed?
Would appreciate any person's thoughts on this.
I have been trying to find a clear definition of "Responsive Pleading".
In relation to a lawsuit we filed the defendant stalled and has gotten three deadlines to file a response. No atual response has been filed. Instead, they filed a Verified Motion to Dismiss.
The verified motion actually has proveable falsehoods that be disproved using court documentation from another court.
How would the legal eagles here respond to something like this?
(BTW, the motion was to use the grounds of lack of personal jurisdiction. The torts committed were against us while we are residents of Ohio and she is a resident of another state.)
Also, the defendant tried twice to file something with the court as a response and both of them were stricken by the judge as they were in the form of letters and did not address form at all. The first attempt didn't even address the issues. The second one was so filled with rage one couldn't make heads nor tails of it. Also, in the second one, statements were made that were obviously not true and could be proven. Also attached was a printout of an e-mail they said I sent that was obviously made up with the defendant stating I was harrassing her, when in fact I don't even know her e-mail address. In both letters to the judge, the defendant asked if she could attend all hearings via telephone. Both of these were written before the Motion to Dismiss.
Could the defendants actions be considered a waiver of the defense of personal jurisdiction? IMO I think it does, but I'm not an attorney.
Lastly, how would one go about filing charges against a person for perjury? Is this something that can be done in the Court of Common Pleas as a motion that is part of the proceedings or do I take everything to the DA and ask for charges to be filed?
Would appreciate any person's thoughts on this.
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