When a court orders someone to appear for a deposition, the person must appear or get another court order to the contrary. The penalty for disobeying the order to appear, however, can vary. For witnesses who decline to appear, the penalty may be monetary. For parties to the lawsuit, the court may rule the person who failed to appear must lose, but that is not always the case.
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A landlord cannot simply kick out a tenant when she does not pay rent. Instead, there is a process to demand rent and, if need be, seek an eviction. But the tenant may be able to explain why she is not paying rent. Litigation may be how the parties ultimately resolve the dispute.
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It is important for defendants in litigation to promptly respond to a complaint. If they do not, a plaintiff may obtain a default judgment against them. But courts still apply strict rules to plaintiffs seeking default judgments.
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To prevail in litigation, it is not enough that someone did something wrong. A plaintiff needs to sue the correct defendant, usually the one responsible for the wrongful action. Sometimes, however, plaintiffs sue someone who did not do the wrong thing, and claim this defendant “aided and abetted” the wrongful actor.
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