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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37757
Experience:  30 years in civil, probate, real estate, elder law
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If a contract has two parties listed on the contract and one

Customer Question

If a contract has two parties listed on the contract and one of the parties is trying to get back the deposit of the contract must both parties listed on the contract be presnet at a court hearing
Submitted: 3 years ago.
Category: Legal
Expert:  Ray replied 3 years ago.

RayAnswers :

Thanks for your question and good evening.The second party here would have the right to be noticed of the hearing and served with any pleadings.The coutr may require this second party to be present at the hearing.They are obviously a real party here and have a legal interest in the proceedings.The court would decide whether this matter could proceed with a missing party.

RayAnswers :

It would be normal procedure for the court to want to hear from all the parties involved in the contract so that a full hearing is possible on the merits.

RayAnswers :

The court would at least want to ensure that the second party was noticed and given opportunity to attend the hearing as they have a legal interest as a party to the contract.

RayAnswers :

It is possible if the second party was given proper notice of the proceedings that the court might decide to proceed without them.But again the court makes that kind of ruling as part of the preliminary matters before a hearing on the merits goes forward in such a situation.

RayAnswers :

It has been my pleasure to assist you tonight.Please let me know if you have more follow up.Thanks again for letting me help you.

RayAnswers :

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This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.