Legal Question in Civil Litigation in California
A plaintiff files a complaint and defendants attorney answers to the plaintiff attorney but defendant's answer/cross complaint does not show in the court website as filed? Does defeandant's answer to plaintiff lawyer enough to satisfy the required response?Could this be just a mistake by court that defendant's party's answer is not showing on courts index? It looks like plaintiff's attorneys answer to defendants cross complaint is on the court website. But, defendants cross complaint and answer to original complaint is not there? what can plaintiff do to gain advantage or is this just an oversight by court clerk and there is no big deal here?
1 Answer from Attorneys
It might just be the clerk's error. If you're concerned about it, you might just go to the courthouse and look through the actual paper file to ascertain whether those documents are there. Bring a copy of the internet docket with you. Then speak to the clerk and show him/her the omission, and see if it can be rectified. If the documents are in the file, there's no harm, no foul, although the internet docket should be complete. I've sometimes found mistakes in dockets, with sometimes documents misnamed or omitted. It is quite frustrating and aggravating if a document does not appear that should be there.
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