Can a defendant be held liable for IIED?

Can a defendant be held liable for IIED?

For example, if a defendant refused to inform a plaintiff of the whereabouts of the plaintiff’s child for several years, though that defendant knew where the child was the entire time, the defendant could be held liable for IIED even though the defendant had no intent to cause distress to the plaintiff.

Can a defendant decide to plead or go to trial?

Like the decision about whether to go to trial, defendants are entitled to decide whether to offer or accept plea bargains. To enforce this right, defense attorneys are ethically required to: relay their client’s offer to plead to the prosecutor, and. relay the prosecutor’s offer to accept a particular plea to their client.

When is a case said to be ready for trial?

A case is said to be ready for trial when it is at issue, but in this context the term “ready” is used in a legal sense to mean that the pleadings are closed. It does not necessarily mean the lawyers are prepared to try the case.

What are the steps in the pre trial process?

PRE-TRIAL PROCEDURE I. INITIAL PLEADINGS A. Complaint The complaint is the first step to getting to trial in a civil proceeding. This document, once filed in the appropriate court system, formally establishes a cause of action against another party, and details the basis for the cause of action.

Like the decision about whether to go to trial, defendants are entitled to decide whether to offer or accept plea bargains. To enforce this right, defense attorneys are ethically required to: relay their client’s offer to plead to the prosecutor, and. relay the prosecutor’s offer to accept a particular plea to their client.

For example, if a defendant refused to inform a plaintiff of the whereabouts of the plaintiff’s child for several years, though that defendant knew where the child was the entire time, the defendant could be held liable for IIED even though the defendant had no intent to cause distress to the plaintiff.

Is there a statute of limitations on IIED?

IIED Statute of Limitations: Because intentional infliction of emotional distress is an injury to the person, the applicable statute of limitations is two years (Code of Civil Procedure § 335.1).

Can a defendant predict the outcome of a trial?

Defendants should not count on having perfect information about the likely consequences of each option. For instance, a defense attorney may have to respond to the second question above by saying, “It’s really hard to predict what sentence you’ll receive if you’re convicted of assault with a deadly weapon.