what does it mean when defendants oaths are expressly waived by plaintiff?
969583
Your question doesn't make sense.  All the more reason you should consult an attorney, who will know what state law we are talking about, and will be able to see the complaint.\n\nEdited to add: Wow.  Gunny's not just wrong, but really wrong.  28 USC 753 has nothing to do with "defendant's oaths", but has to do with the oath that a court reporter takes.  Fed. R. Evid. 603 doesn't answer the question about the waiver of oath either.  The forty year old case probably isn't relevant: this sounds like a local property dispute where a complaint has been filed, so the federal law that Gunny is citing probably doesn't even begin to apply.  The person who is asking the question has a serious legal problem and needs serious legal advice, and Gunny is not only leading her down the wrong path, but telling the asker to ignore the correct advice.
716719
This sounds like a deposition.  An attorney is obligated to investigate the facts before bringing charges in a criminal trial or filing a civil action in a law suit.  If they don't and the charges or action is wrong, the attorney can face sanctions or discipline.  The fact finding phase of a trial is known as "discovery".  Parties who have knowledge of the affair are asked questions or sign affidavits.  Both sides have an opportunity to investigate and do their own questioning of any person who would testify.  In a criminal trial, there is a constitutional right to force adverse witnesses to appear and swear by oath or affirmation in open court.\n\nIn a civil deposition, at least one attorney from either side will be present, usually at the office of the attorney who is running the deposition.  There will also be a court reporter.  One of the attorneys will ask the witness a series of questions for a maximum of 1 day of 6 hours.  The other side will make objections, but the witness still has to answer.  Those objections are later brought up before a magistrate or judge and if they are sustained, that part of the testimony will be stricken.  A witness in a deposition testifies under oath as if they were in court.  If they are later brought into court during the trial, they are bound by what they said at the deposition and could face perjury charges if they contradict themselves.\n\nFor a good view of a civil deposition, read part of the book or see the movie "A Civil Action" with John Travolta.  For criminal interrogation, Law and Order is a good drama (that is nothing like the real thing but is entertaining).\n\nAs a drama, the attorneys are trying to get the witness to reveal something or to hide something.  The witness may feel remorse but at the same time fear of punishment (from the law or the boss).  A conflict results from the lawyers who are bound by the law, and the audience who wants to see the truth revealed.  In actuallity, the role of the court is to protect each party's legal rights, promote substantial justice, and resolve disputes.  It is not the role of the court to find the truth.  The audience wants to see this however.\n\nIn most scenes, the lawyer is defeated in a deposition by words.  Either their objections fail or the words of the attorney create enough guilt to get the witness to break down and come up with the "truth".  There is a conflict between the witness and the parties of the case, between the lawyers and their clients, between the lawyers themselves, and between the lawyer and the witness.  You must discover what this conflict or relationship is between each role and this will tell you how to act.\n\nGood luck!
396024
The next step depends on whether the complaint was answered, or a demurrer was filed. A demurrer is a pleading that the judge dismiss the case - arguing that "even if the allegations alleged in the complaint are true" there is no legal basis for the suit. When a demurrer has been filed, a hearing must be held before a judge, who will rule on the validity of the demurrer.\n\nIf the demurrer alleges that the complaint is vague, the judge may accept (sustain) the demurrer, with "leave to amend". If the amendment does not cure the problems with the original complaint, the judge may (and often will) sustain the demurrer and dismiss the case.\n\nBesides (or after) a demurrer, the defendant can file "an answer" - a written statement of defense, which indicates which of the allegations the defendant has elected to contest. One form of answer is the general denial, in which the defendant claims that "everything the plaintiff has alleged is false". A defendant may also ask that the judge grant a motion to strike (a request that the court delete some or all of the allegations in a complaint). A motion to strike may be granted if allegations are repetitive, insufficient, beyond the jurisdiction of the court, etc. The answer is important because it states all of the defenses that the sued party intends to use in his/her/its defense.\n\nThe defendant may also file an affirmative defense, which essentially argues that there are reasons that the defendant's liability should be limited or excused - even if the defendant has done all of the things that the plaintiff alleged.\n\n(The court may order a "reply", but that's rarely done. The most common occurrence of a "reply" is when the defendant has filed a counterclaim against the plaintiff.)\n\nOnce the court has a complaint and some form of answer, the case will be calendared for further proceedings. The first step is almost always "discovery" - the exchange of information between the parties. Each side will probably use a combination of "interrogatories" (written questions) and/or "depositions" (a face-to-face question and answer session), and the lawyers may well exchange "requests to produce", meaning that each side is asking the other to provide certain documents or records.\n\nYour lawyer should be able to advise you on the step-by-step routine - it's both standard and essential.\n\nGood luck!
1052106
I got the following information from http://www.uscriminalcheck.com/faq_Ans.htm\n\nWhat does "Deferred Adjudication" mean?\nAdjudication is an agreement between the defendant and the courts to clear the charge from the docket. For this to occur, the defendant has agreed to complete some sort of arrangement, such as a fine, community service, etc. If the defendant fails to hold up their end of the agreement, then he or she will be convicted of the charge and sentenced accordingly. \n\nDeferred Adjudication is generally not considered a criminal conviction.
226177
There is an alternative oath in which the witness affirms, not swears, that his or her testimony will be truthful.  Obviously the 'so help me God' terminology is left off.
401805
Are you asking when a person is entitled to counsel under the 6th Amendment?\n\nIf so, "Right to counsel granted by the United States Constitution means at least that a person is entitled to help of lawyer at or after the time that judicial  proceedings have been initiated against him whether by way of formal  charge, preliminary  hearing, indictment, information, or arraignment."
99460
It is called the "preponderance of evidence".  That means that the plaintiff's evidence must weigh more heavily in the decision than that of the defendant.  A judge or a jury may decide this type of case.
292572
It depends on the reason.  A city is considered part of the state so unless there is a state law allowing it, or a federal law passed by Congrees expressily waiving the states/cities immunity they can't be sued.  What issue are you trying to raise?  That would allow us to define an answer.  Also if this is in regards to an order of the court, that order must be appealed on the grounds you are arguing about.  ie due process in deciding the case, you can't sue, you can only appeal the courts decison and argue that due process was not applied.  The appeals court can then decide to agree with you and order a new trial, issue a new order, amend the existing order or disagree with you and keep the original order in place.
815729
The case is set aside temporarily - the defendant can be reindicted.
890934
That all depends... If the inconsistency reinforces the prosecutions case, nothing, if it helps acquit the defendant, the witness will be charged with perjury.
349706
They are pretty simple in idea -- notice of motion is simply a form letting the other side know you are bringing a motion, what the motion is, when and where it will be heard.\n\nAn affidavit is any sworn statement testifying to facts.  The affidavit of service just swears that you properly provided notice to the other side -- the trick is knowing what constitutes enough notice, and how it has to be served.\n\nAs to what the judge wants an affidavit for, it is hard to know. If you stated any facts in your motion, you need to provide an affidavit swearing to the facts you know, and swearing that any documents you submitted as evidence are true and correct copies.
502430
No, you are not being compelled by the court to go...I think the prosecutor screwed up, or defense counsel, by not issuing a subpoena. (I don't know which side needs your testimony) Normally, when you are called as a witness, the attorney (either for the defendant or the state) will contact you and go over what you will be testifying to. If you don't go, they may have another continuence granted and subpoena you then. I would contact the prosecutor's office and ask about your attendance. Most of the time the prosecutor and defense counsel reach a plea agreement before the trial and you won't testify anyway.
526713
It is the same as tendering and passing forged documents.\n\nFrom Smith v. State 13 Ga.App. 663, 79 S.E. 764\n(1913):\nBut it is manifest that this objection is without merit because the words "pass or tender" are synonymous with the words "utter and publish." If the accused uttered the forged instrument, he published it. If he passed it, he uttered and published it; and, if he uttered and published and passed it, he necessarily tendered it.
130678
You have the right to remain silent.  Anything you say can be taken down and used against you in a court of law.  YIf you wish, you may have an attorney present. Do want to waive your right to an attorney? Do you understand the rights that I have just read to you?  Good.  Now, hold still while I handcuff you.  You will then be beaten by my partner and myself.
982004
Apparently someone has been criminally charged as a result of of your complaint. Obviously they contest the charge(s) or refuse to plea and adequately moved for jury trial. Unless they take a plea for a reduced charge you will probably have a say, if not some explaining to do.\n\nOtherwise you have turned the matter over to the "court" and they will decide if you get to say anything in a legal forum regarding the matter. \n\nFurther it is up to the states prosecuting counsel and the defendants counsel whether or not you will be called as a witness of which there is no guarantee you will get to testify.
138395
Perjury in a court of law basically means you lied while being questioned under oath in a court of law. When taking the stand to give testimony you swear you will tell the truth and nothing but, however, if while testifying you lie,you have committed perjury.\n\nYou can also committ perjury by signing a legal document that ask you to tell the truth and not give false info and you have lied, yet you still sign.(ex: tax forms, affidavits)
1073724
Depends on the circumstances - the burden of proof rests on the plaintiff.  If they can prove that you owe the money, for services rendered or whatever, then you need to prove why you don't.  A denial is not considered adequate, if the plaintiff has proven his case.