Wednesday, December 5, 2012

What to do when you receive a criminal complaint against you

  1. Consult a lawyer so that she can draft the counter-affidavit for you.

    Remember the respondent (the person being complained of, which in this case is you) has only ten days to submit a counter-affidavit.
    Otherwise, the case will be submitted for resolution based only on the evidence and the affidavit submitted by the complainant.


    The respondent can also file a motion for extension to submit counter-affidavit in cases where she is having a difficulty looking for witnesses who will support her claim or any other reasonable circumstances that would delay her ability to submit her counter-affidavit.

    It is always best though to submit all pleadings on- time :)

    This is an answer to a text query yesterday and portion of an answer to the question asked over the radio: "Attorney, unsa ba gyud di-ay ang step by step sa kaso?" (Attorney, what is the step by step to a case?)

    Portion because the step by step varies depending on whether it is a criminal case, civil case, special proceeding, labor case, tax case etc., and what particular kind of case. As well as in what stage of the proceedings :)

    Hope this helps the person who sent me the text message :)

No comments:

Post a Comment