Objections by other defendants

[COMM LEASE]

What is the name of your state? New Hampshire

3 defendants were served in a civil case. 1 has not made an appearance and the other 2 have made an appearance. Can the 2 that have made an appearance make objections to motions directed at the 1 defendant who has not appeared?

Thanks!

 

[JETX]

3 defendants were served in a civil case. 1 has not made an appearance and the other 2 have made an appearance. Can the 2 that have made an appearance make objections to motions directed at the 1 defendant who has not appeared?

Yep. Any party can make any objections they want to almost anything. It will be up to the opposing party to challenge the objections.... and bring it to court.

 

[stephenk]

what types of objections? Are the objections specific to the party that is not yet in the suit or are they objections to the act (motion, order, etc.) that you are doing?

 

[COMM LEASE]

Objections

I motioned the court to record the default and enter judgment and damages of the non appearing defendant. The objections to theses motions were made through the remaining defendants. Mostly excuses explaining the non appearance by the non appearing defendant. If the the non appearing defendant has made no appearance, how can it be allowed to defend through the other defendants without first filing an appearance??

 

[JETX]

If the the non appearing defendant has made no appearance, how can it be allowed to defend through the other defendants without first filing an appearance??

Likely a very complex issue and we are only hearing a PART of it... but GENERALLY, the 'answer' to a lawsuit can be done by several methods..... including filing a denial or objection to the issue(s) being claimed. Once responded, it is considered 'answered'.

 

[stephenk]

Typically the other defendants have no standing to object or file motions regarding a non-appearing party.

Are the motions filed by their attorney indicating the attorney will also be representing the party you are attempting to default?

 

[JETX]

Typically the other defendants have no standing to object or file motions regarding a non-appearing party.

I agree... HOWEVER, we do NOT have sufficient information as to the basis for the objection(s), whether party's have been noticed/answered, etc. to be able to say ANYTHING specific.... which is why I have worded my response as I have.
Simply.... far too complex an issue (based on the limited information we have) to be able to provide ANY definitive answer.

 

[COMM LEASE]

Objections 2

New Hampshire

I appreciate all your answers. I have argued that the 2 defendants who have made appearances should not be able to defend the non appearance of the 3rd defendant. The non appearing defendant has filed NOTHING. The only thing I can find is Rule 14.(Appearances) which states in part "The names of the attorneys or parties, who conduct each cause, shall be entered upon the docket;"

To be more specific, I guess what I am looking for is something more concrete to back this theory such as Statutes or Caselaw (in any state).
Key words are always a help in searching case law.

Thanks again for your responses.

 

[COMM LEASE]

Typically the other defendants have no standing to object or file motions regarding a non-appearing party.

Are the motions filed by their attorney indicating the attorney will also be representing the party you are attempting to default?

Are there statutes or case law which would state the other defendants have no standing to object or file motions regarding a non-appearing party?

The attorney indicates the insurance company may defend the non-appearing defendant. But he has cleary indicated that he has made no appearance on behalf of the 3rd defendant.

Thanks again for your responses.

 

[stephenk]

Since you haven't posted exactly what the other parties have filed in opposition, there is no way to provide you with case law or statutes to support your argument.

It seems like the other party's attorney is saying the carrier may be providing coverage and defense for the non-appearing party and is asking the court to refrain from entering a default. Has the attorney noted in the paperwork when a decision can be expected on providing a defense to the party you are trying to default?

You can always call the other attorney and work out an agreement that if no answer is filed by a certain date you will be entitled to enter a default without objection.

 

[Quaere]

Since you mentioned an insurance company, I’m going to assume the amount of damages is not certain.

The court can and should grant your default motion to the extent that the defendant will no longer be able to participate in the proceeding as a party. He can still be a witness, but he no longer has the standing of a party.

Because the damages are uncertain and there are multiple defendants, there will be no JUDGMENT against the defaulting party until the entire case is concluded. The entry of a JUDGMENT is probably what the other defendants are objecting to.
The do not have standing to defend against the default but any resulting judgment would be premature if the defendants share liability with the defaulting defendant.

You may want to take another look at your prayer for relief. In federal court and in most states (not sure about NH) a default judgment cannot exceed the amount of relief asked for. If you asked for $10,000 from THIS defendant and the jury thinks he should personally pay you $50,000, they are limited by the cap you put on your own award.

 

[JETX]

Since you mentioned an insurance company, I’m going to assume the amount of damages is not certain.

Why?? There is NOTHING to even suggest that!!

The court can and should grant your default motion to the extent that the defendant will no longer be able to participate in the proceeding as a party. He can still be a witness, but he no longer has the standing of a party.

You're full of crap. There is NO factual basis for you to be able to make such an opinion....

 

[Quaere]

You're full of crap. There is NO factual basis for you to be able to make such an opinion....

I'm not going to waste my time arguing with you. It was my intention to let OP know what he can expect to happen in this situation. I have done that. It would be nice if he would return at some point and let us know the outcome of his motion for default.