Orange California Sample Letter to Clerk regarding filing of Crossclaim and Affirmative Defenses

State:
Multi-State
County:
Orange
Control #:
US-0289LTR
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This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Contact Number] [Date] Clerk of the Court [Orange County Superior Court] [Address] [City, State, ZIP] Re: Filing of Cross claim and Affirmative Defenses Case: [Case Number] Plaintiff: [Plaintiff’s Name] Defendant: [Defendant’s Name] Dear Clerk of the Court, I hope this letter finds you well. I am writing to submit my Cross claim and Affirmative Defenses in the above-mentioned case. I kindly request your assistance in accepting and filing these documents accordingly. 1. Cross claim Filing: I am a named defendant in this lawsuit and hereby file a Cross claim against [Co-Defendant’s Name]. The purposthicknesssclaimedim is to assert my rights, seek indemnification, or seek legal remedies against the co-defendant as it relates to the claims made by the plaintiff. Enclosed you will find the original copy of the Cross claim, along with the necessary copies for service on the plaintiff's attorney and the co-defendant's attorney. 2. Affirmative Defenses Filing: In addition to the Cross claim, I am also filing my Affirmative Defenses against the plaintiff's claims. These affirmative defenses are provided in response to the allegations set forth by the plaintiff. The original Affirmative Defenses document, along with the corresponding copies for service on the plaintiff's attorney and all other parties involved, are enclosed herewith. Please note that all documents enclosed are true and correct copies of the originals. In accordance with the court's guidelines, I have prepared the required number of copies for all parties involved in this case. Should there be any further information or documentation required for the filing of these pleadings, please do not hesitate to contact me at the provided contact information. I greatly appreciate your assistance and prompt attention to this matter. Thank you for your attention to this request. I kindly ask for a filed-stamped copy of the Cross claim and Affirmative Defenses, which can be mailed to the address mentioned above or picked up from the clerk's office. Yours sincerely, [Your Name]

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FAQ

Generally, a default allows you to obtain an earlier final hearing to finish your case. Once the default is signed by the clerk, you can request a trial or final hearing in your case. To obtain a default, you will need to complete Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a).

The Florida court rules state that a judge has a duty to rule upon a matter submitted to him or her 'within a reasonable time. ' The rules also say that the presumptively reasonable time period for the completion of a contested domestic relations case is 180 days from filing to final disposition.

To initiate a civil contempt/enforcement proceeding against a party who is not complying with a prior court order, you must file a motion with the court explaining what the party has failed to do. This form should be typed or printed in black ink.

A DEFENCE TO COUNTERCLAIM If the Defence contains a counterclaim, however, then a Defence to the Counterclaim is mandatory. A failure to file a Defence to the counterclaim gives the Defendant a right to apply for judgment in default.

If the defendant fails to answer within the time specified in these rules, the court shall, upon motion of the plaintiff, order judgment against the defendant by default, and thereupon the court shall proceed to receive the plaintiff's evidence and render judgment granting him such relief as the complaint and the

Typically, the defendant has 30 days to respond by filing an answer. An answer includes the defendant's responses to the plaintiff's allegations and any defenses.

The Defence to Counterclaim must be served within 14 days of service of the Counterclaim (20.3. 3).

The basic requirements for filing a motion to dismiss in a criminal case include: Be in writing and signed by the party or party's attorney making the motion. State the grounds for the case. A copy of the motion must be served on the adverse party. Be sworn by the defendant. Be accompanied by a certificate of service.

Instructions for Paying Fees $295 cross notice filing fee. $100 pro hac vice fee. $150 half case filing fee. $295 motion to intervene fee.

If the motion is granted and the order of the judge is not obeyed within 20 days after notice of the order or within such other time as the judge may fix, the judge may strike the pleading to which the motion was directed or make such orders as he deems just. (f) Motion to strike.

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Orange California Sample Letter to Clerk regarding filing of Crossclaim and Affirmative Defenses