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Tag: good judges

How do I file a response in a divorce if the summons is invalid?

How do I file a response in a divorce if missing the court’s address for filing invalidates the summons?

Be very careful getting cute with procedural technicalities. If you were served with a summons that is defective only because it does not include the address of the courthouse where the underlying action was filed, you may or may not have an argument for defective service of process. But to test that theory you may have to take the risk of being defaulted and then moving to set aside the default and default judgment and hoping you prevail on that motion. That is not a risk I would be willing to take myself. 

What you need to do immediately is consult a good attorney (i.e., a knowledgeable, skilled one) and fast, i.e., before the time in which to file a responsive pleading has expired, so that if you, after conferring with at least one good attorney, determine you need to file something with the court before the responsive pleading time expires you can. 

Utah Family Law, LC | divorceutah.com | 801-466-9277  

https://www.quora.com/How-do-I-file-a-response-in-a-divorce-if-missing-the-court-s-address-for-filing-invalidates-the-summons/answer/Eric-Johnson-311

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Law from a legal assistant’s point of view, week 30: Good Judges

By Quinton Lister, legal assistant 

In the course of my 7 months as a legal assistant to a divorce attorney in Utah, I have already shared some of my thoughts on the role of judges.  

I have come to see how much power judges have and it has given me pause to consider the impact a judge can have on the lives of so many people. It is essential for the courts of Utah (and the rest of the United States of America) to be staffed with good and competent judges. I do not claim to know all of what makes a judge good and competent, but I will elaborate on what I mean by “good” and “competent”. 

What I mean by a “good” judge is a judge that has a good heart. That does not mean a judge who is lax and lenient, unwilling to “make the punishment fit the crime.” Good judges follow the law and construe and apply it fairly and impartially.  

A “competent” judge is knowledgeable of the law and not afraid administer it. Is one who understands the rules of evidence and can be decisive when called upon to be. This is different from what I mean by “good” because competence in this sense means that the judge knows the law, what it means (and what it does not). One who is still learning and willing to learn, even while a judge.  

Utah Family Law, LC | divorceutah.com | 801-466-9277

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