This complaint states that plaintiff suffered physical injuries when defendant, in a grossly reckless manner, shot plaintiff. Plaintiff intends to show that defendant committed an aggravated assault and battery on him/her and this was a breach of duty owed to the plaintiff by defendant.
Alabama Complaint regarding Assault and Battery
State:
Multi-State
Control #:
US-CMP-10048
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Assault And Battery?
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No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or ...
(The deadline is 14 days for District or Small Claims Court cases or 30 days for Circuit Court cases.) Fill out and sign this Answer. (Keep a copy for your records.) ? Mail or deliver a copy of this Answer to the Plaintiff or his/her lawyer at the address listed on the Complaint.
Many states define assault as placing a victim in fear of imminent danger of bodily harm while battery means causing a physical injury. However, the Alabama code defines assault similar to the same way that many other states define battery.
Joinder of claims and remedies. A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim, may join, either as independent or as alternate claims, as many claims either legal or equitable, or both, as the party has against an opposing party.
Alabama Rules of Criminal Procedure Rule 17. Subpoenas. A subpoena may command the person to whom it is directed to produce the books, papers, documents, or other objects which may be designated therein. (b) PRODUCTION PRIOR TO TRIAL AND FOR INSPECTION.
Rule 15(b) makes drastic changes in the doctrine thus outlined. Under the rule where evidence is introduced or an issue raised with the express consent of the other party, or without objection from him, the pleadings ?shall? be deemed amended to conform to such evidence.
If you choose not to settle or you are unable to settle, you must answer the Complaint within 14 calendar days after being served, admitting or denying all or part of the claim. Remember, your answer must be filed within 14 calendar days or a default judgment may be entered against you.
Joinder of persons needed for just adjudication. If the person has not been so joined, the court shall order that the person be made a party. If the person should join as a plaintiff but refuses to do so, the person may be made a defendant, or, in a proper case, an involuntary plaintiff.