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Thomas Swartz
Thomas Swartz, Lawyer
Category: Criminal Law
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Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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In Californai, when a TRO is issued and the respondent fails

Customer Question

In Californai, when a TRO is issued and the respondent fails to answer before the hearing, is that a defult which I could argue before the court? Or is the respondent permitted at the hearing to now put forth a defense?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Thomas Swartz replied 5 years ago.
HelloCustomer

If the respondent does not show up for the hearing tomorrow, the judge will grant you a default and a permanent restraining order. But the respondent still has the right to appear at the hearing tomorrow and present any response to the TRO.

Thomas
Customer: replied 5 years ago.
Maybe you did not understand or maybe I don't understand It is my understanding that it is a required response that he has to put on. Are you saying that even thou he did not repsond, he still has a right to present argument at he hearing.
Expert:  Thomas Swartz replied 5 years ago.
He still has the right to present argument at the hearing. The court will not look kindly on the fact that he did not provide a written response before the hearing date. But the court will no grant a default if he shows up at the hearing. The court will listen to whatever he presents at the hearing, and then make a decision on the merits. Actually, I would not be surprised if his attorney shows up at the hearing to request an extension of time to submit a written response.

Thomas
Customer: replied 5 years ago.
I may be wrong, but if I read the local rules correctly, he is required to put on a response if he was going to oppose it.
Expert:  Thomas Swartz replied 5 years ago.
If that is the case with a local rule, when you appear at the hearing, cite the local rule, and ask the court for a default judgment.

Thomas
Customer: replied 5 years ago.
Should not you as the expert given me the answer of the local rules? Or was your intial repsonse just the standard of what could occur?
Expert:  Thomas Swartz replied 5 years ago.
It was just the standard based on what I believe will occur. If the respondent shows up at the hearing, I believe the court will listen to what the respondent has to say and not automatically grant a default. Courts are reluctant to grant defaults if the other side makes any sort of appearance. So, I believe it is likely the court will listen.

Thomas

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Thomas Swartz
Thomas Swartz
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Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.