Legal Question in Real Estate Law in Arizona
Civil suit: separation of defendants
I own 4 acres of land next to 6 acres of land owned by my uncle. A party has filed a civil law suit for activities taking place on my uncle�s land and my land unbeknown to me. My uncle and I are named as co-defendants and share our last names. May I file a motion or make an appearance before a judge so that my case may be heard separately from my uncles?
1 Answer from Attorneys
Re: Civil suit: separation of defendants
I am unable to analyze what strategic move you should take without knowing the facts of the case and reviewing the lawsuit. For example, you do not state what sort of "activity" you are referring to. If you have been served with a lawsuit, you must file an answer or you will be defaulted. You may have defenses, counter-claims etc. to raise in that answer. I do not advise people to represent themselves in lawsuits of this nature. You can arrange a free consultation if you like at 480.835.1500. I doubt that you will be able to sever your case from your uncle, since it is part of the same lawsuit, and since it involves the same "activity," whatever that is.
Best regards,
James D. Jenkins