Judgment on the Pleadings explained by Attorney Steve®

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ATTORNEY STEVE® EXPLAINS "JUDGEMENT ON THE PLEADINGS"

In law, a judgment on the pleadings is a judgment given without a hearing on the basis of the pleadings alone. The court makes its decision based on the allegations in the plaintiff's complaint and the defendant's answer. If the defendant fails to file an answer, or if they file an answer but fail to raise any issues of fact, then the plaintiff is entitled to a default judgment. In most cases, a judgment on the pleadings will be granted when there are no disputed issues of material fact.

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[attorneysteve]

Don't forget to check the description area above to see important related litigation videos. Thanks for watching!! Steve

[reluctantprophet]

Should I be requesting the defense to allow me to amend my complaint after they file a motion for judgement based off the pleadings the deputy was entitled to qualified immunity? And if they refuse, file a motion for leave to amend? These are the local rules: Subparagraph (3) provides:
(1) Unless otherwise permitted by a Court, a motion including its supporting memorandum, and the response including its supporting memorandum, may not exceed seventeen (17) pages, exclusive of attachments and any required statements of facts.
(2) Unless otherwise permitted by a Court, a reply including its supporting memorandum shall not exceed eleven (11) pages, exclusive of attachments.
Subparagraph (i) provides:
If a motion does not conform in all substantial respects with the requirements of this Local Rule, or if the unrepresented party or counsel does not serve and file the required answering memoranda, or if the unrepresented party or counsel fails to appear at the time and place assigned for oral argument, such non-compliance may be deemed a consent to the denial or granting of the motion and the Court may dispose of the motion summarily.

[Habeas.Corpus.Freeyoself]

Great video, I have one question. What I would like to talk about here is “ escape devices “ and any experiences you may of had with such devices. Thanks again Mr Vondran

[Devfullfaithandcredit]

Hey attorney Steve, can you please use that white board and explain if a judge can make an objection . Not the opposing party but the judicial officer saying objection?

Please and thank you

[susanchristineknisely]

This is how the FSIA (terrorism exemption) cases are being handled, there is no jury trial on a lawsuit against a foreign country, it is a bench trial and you rest your motion on the pleadings as countries like Iran and Syria do not respond or show up.

[TheAlreadytaken]

Can you give judgement on the pleading before an answer? Like during a motion to dismiss? That's what they are doing.. is this legal?

[SweatReno]

Hi Steve, not sure if you can help, or if you still see these comments. I'm curious on a judicial review claim against the ESD for covid funds. I served by mail and they said I didn't validly serve them so never sent my entire case documents, but they filed the answer to petition along with notice of intent. They said they will file a motion to dismiss. Can I just file my brief and hope the court accepts it, or do I have to have the petition sent in by the sheriff before I can file?

[ej]

Hey Steve! love your videos. One question.. If someone fakes your employment history, can this be discrimination or a violation of a constitutional right? Thanks!

[flethacker]

good stuff. i like the white board pedagogy

[cutpaperpaste]

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