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When does the judge Actually SEE an Answer?

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Once an Answer is filed, does the judge review the Complaint and Answer to see if everything is line to move forward?

 

Or does the Answer sit there unread unless a proceeding requires the Court to refer back to it?

 

...or.....?

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It depends on the judge but I would say most of them sit in a file waiting for the parties to settle. If that doesn't happen they probably don't get read until a few minutes before the first court hearing, or a decision is needed on a motion - which ever comes first.

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Court try to let the parties work it out before they intervene, but usually the case is not read until a trial is set, or the judge receives a complaint from one of the parties.

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It would be nice if they look the complaints over, a lot of cases would get tossed right off the bat for not meeting the filing requirements.

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That is where a motion for dismissal is appropriate, the judge has to read a motion,,,,well he is supposed to any how.

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@BTO429 I've learned that lesson. The only downside is that you're very unlikely to get dismissal with prejudice.

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@BTO429 I've learned that lesson. The only downside is that you're very unlikely to get dismissal with prejudice.

Very true, but if their complaint is procedurally wrong then a dismissal is appropriate. If they refile and do it again then you have grounds for prejudice.

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Guest usctrojanalum

If judges read every answer, they would literally get no other work done.  I would say the answer to your question is closer to they never see an actual answer unless a case is being heavily litigated.

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Guest usctrojanalum

It would be nice if they look the complaints over, a lot of cases would get tossed right off the bat for not meeting the filing requirements.

 

A lot of answers would get tossed too.

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The thing is you have not even been sued until you stand in front of the man in the robe. You have had a complaint filed against you but the sued part does not come into play until the court hears the case. If judge read every complaint they probably toss a lot of them. But in small claims, you have a right to be heard. But some time judges do not listen,,,,,they hear you but that is it.

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@BTO429

 

The thing is you have not even been sued until you stand in front of the man in the robe.

 

 

That is not true.  You are sued when the suit commences.  In some states, the suit commences when it's been filed with the court. 

 

If you haven't been sued until you stand in front of the judge, there would never be any default judgments.

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@BTO429

 

 

That is not true.  You are sued when the suit commences.  In some states, the suit commences when it's been filed with the court. 

 

If you haven't been sued until you stand in front of the judge, there would never be any default judgments.

this is why default judgments are not the final decision in the case. I have had a lot of people ask me Have I been sued I got a complaint,,,I always say, maybe. It depends on a lot of things. I disagree with the filing of a suit means you have been sued, even though some jurisdictions say so. If the plaintiff cannot prove standing or subject matter jurisdiction, there is no case, if there is no case in the first place you have not been sued. This is my opinion, and all of my professors opinions, Who are all licensed attorneys, so I take their word for it. But this is argument holds no weight in court it is just an opinion. so I will not dwell on it. I

The question the OP asked is once an answer is filed does a judge review it? I would say depends. In my small town there are very few cases, Population here in this farming community is only 1600. The judge here has the time to review just about everything before he steps out of his chambers. He always starts each suit with the same line, I have read your complaint and I know you have been sworn. So he just told us that at least he reads the complaint and answers. I would say that the judge would probably read the complaint and any answers right before he conducts his court, that way it is fresh in his mind. But in some of the bigger cities who knows. But I would like to think that a judge would read the suit, if it is the first time for the parties to appear, and become familiar with it. If the suit has been ongoing for quite some time, I would hope the judge has had time to read, would make it hard to judge the case without reading the answers.

My best answer to this would be ,,,it depends on the judge and his expertise.

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@BTO429

 

I always say, maybe. It depends on a lot of things.

 

 

No, it doesn't depend on "a lot of things".  It depends on the court rules.   Those rules specifically designate when a suit commences.   In most (if not all) courts, it is not true that you are not sued until you are standing in front of the judge.

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i told you it was my opinion, and that is what is.

i have my reasons, and a history lesson is not in order. 

you are arguing over something that has no material affect on a law suit. I will not argue about something this trivial any more...........

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@BTO429

 

You made the statement to another poster but did not qualify that statement as merely your opinion. 

 

If someone had taken your statement seriously, a default judgment could result.  That is not trivial.

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you only get a default if you do not appear in front of the judge, I never told any one not to answer the complaint or not to appear. I would never do that. I have my opinion and you have your opinion but I am not trying to force you to agree to my opinion. My opinion is based on a lotta of study in the English common law, which our law system was derived from. You have your opinion and that is fine, you can believe whatever you want, there are a lot of rules and laws that are not correct, but unlike the system I am not trying to force anyone on this board to adhere to my opinions.

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@BTO429

 

you only get a default if you do not appear in front of the judge,

 

 

Your original claim was that you are not SUED until you appear in front of the judge.  You did not state that it was merely your opinion.  You mentioned nothing about answering the complaint or court rules as to when a suit commences.

 

You are now trying to cover your tracks.  The debate is over.

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I do not think the judges read the complaint or the answer until they need to do so. That would be before trial or deciding on a motion that requires the complaint and/or answer to be read. This is because most issues are resolved without the judges intervention.

In fact, in Minnesota, the judge does not see the complaint or answer until such time as the court fees are paid AND there is a need to. This is because of pocket docket. There are some changes afoot that requires the judge to look at the complaint or evidence of the plaintiff prior to issuing a default judgement but other than that, they will not see anything until the first pre-trial hearing if at all. Some people say that this allows cases to proceed outside the public purview and allow cases to be settled without using judicial resources. I am on the fence.

 

Finally, I do not think judges will throw anything out that is not brought to their attention. That is why one should read the complaint carefully and make sure it follows the rules as well as states a cause of action. If not, then one should move to have the complaint dismissed.

So yes, they get read. It is a matter of when, not if.

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I do not think the judges read the complaint or the answer until they need to do so. That would be before trial or deciding on a motion that requires the complaint and/or answer to be read. This is because most issues are resolved without the judges intervention.

In fact, in Minnesota, the judge does not see the complaint or answer until such time as the court fees are paid AND there is a need to. This is because of pocket docket. There are some changes afoot that requires the judge to look at the complaint or evidence of the plaintiff prior to issuing a default judgement but other than that, they will not see anything until the first pre-trial hearing if at all. Some people say that this allows cases to proceed outside the public purview and allow cases to be settled without using judicial resources. I am on the fence.

 

Finally, I do not think judges will throw anything out that is not brought to their attention. That is why one should read the complaint carefully and make sure it follows the rules as well as states a cause of action. If not, then one should move to have the complaint dismissed.

So yes, they get read. It is a matter of when, not if.

This is another reason I made that statement,, these pocket dockets need to go away. In my small town, the judges stick to the rules, if you do not plead sufficient facts to invoke their jurisdiction to hear the complaint they normally dismiss. But like I said the town is very small and the judge has time to scrutinize the complaints. 

I would hope that a judge reads a complaint before he conducts court over the matter..You may file a suit, and the court date may not be for a couple months, but some time before court I would hope the judge reads the complaint or answers. Another reason  I said that is some time you get a suit in the mail that is not even a suit, it may be a proposed suit that has not been filed yet.

I bet it is hard dealing with the pocket dockets, I have not studied them much but I am aware of them. I would also say it would be hard for a judge to conduct court with out reading the complaint and answers, if any.

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Pocket Docket has its pluses and minuses. The biggest minus though is that legal aid has been all but destroyed for civil cases here in Minnesota so people really have no one to turn to and most of the legal professionals that they turn to are giving faulty advice by saying they have to start the case in court and pay the court fees (not true). You can bet that Mayo Clinic (who is a big proponent of pocket docket as it keeps the public from knowing when they messed up) is not getting the same advice.

 

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It is a shame the legal profession has to hide from the general public. They even have us believing you need a license to do what they do. It is nothing more than a legal monopoly on the market.

I did this about a month ago......I called my secretary of state and asked how to get an license to practice law, she told me that the state does not issue a license to practice law and to call the bar association....I called the bar association and they said they do not issue a license, all the issue is a bar member card.  They said call the AG,,,so I did...now get this the AG told me that there is no actual paper license, but you have to go to law school and be a member of the bar to practice law.......so I said well what about those of us who do not practice law, what about those who have perfected it?    he laughed ans said thats a good one,,,but the AG nor the state issues a license....

But I asked him if no one issues a license and the state code says a judge has to have an attorneys license to be a judge how can that be,,,,so who issues the license. He said well the bar membership is your permission to practice,,,,I said, WELL I have been to law school and took the bar exam and passed it, but no one has sent me a license yet, I am told I need a license before I can represent anyone, and a BAR card is just the BAR association giving me permission,,,,not a license. I said look i have a license to carry a weapon, and the license is in my wallet and it say on it license to carry a concealed weapon, my fishing and hunting license are the same way, so where is the license to practice law? he said all I need is the BAR membership card. SO my question is,,,,,,,WHERE IS THE DANG LICENSE AND WHO ISSUES IT?

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