Legal Question in Civil Litigation in Pennsylvania

complaint not filed

I was served with a summons earlierthis year and retained an attorney in the state of MN. The summons was answered and the process was going forward. The plaintiff's attorney has not filed the complaint with the courts. Nor is the plaintiff's attorney is not responding to request to depose the plaintiff. My attorney is advising me to wait. Please advise.


Asked on 11/13/06, 5:01 pm

1 Answer from Attorneys
Jay Hochberg

Re: complaint not filed

I am not familiar with MN law, but in most jurisdictions where suits may be commenced by writ, the Defendant has the right to compel the filing of a complaint. If the Plaintiff fails to file a complaint, a Defendant then has the right to move for a non pros or forced withdrawal of the suit.

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Answered on 11/13/06, 5:04 pm


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