Allegation
An allegation is defined as a claim made by one party against another, declaring that an act committed against them is true. It is often considered a formal statement made by the plaintiff that the actions of the defendant are true. Although some allegations are based on facts, most of them are based on information and belief.
An allegation remains simply a statement made by the plaintiff until it is proven. The plaintiff must provide sufficient evidence that the statements made against the defendant are true.
What happens after an allegation is made?
It is the responsibility of the party making the allegation to prove it. They can do so by offering evidence that supports their claims. Without the evidence, the court cannot punish the defendant or find them liable for the alleged acts they committed.
When making an allegation, the plaintiff must,
- Follow the state and federal regulations for filing a complaint.
- Mention the allegations as accurately as possible.
- Mention the damages that they expect to recover.
The allegation must only contain information relevant to the claims being made. When the complaint is made, the defendant will be notified of the complaint. They will get a chance to respond to the allegations and prove their version of the events that occurred.
Counter allegations
A plaintiff making a claim against a defendant is called an allegation. When the defendant responds to it with an allegation against the plaintiff, it is called a counter-allegation.
For example, consider the case of an accident involving 2 cars, A and B. A files a complaint alleging that B hit them from behind. A also produces evidence proving their statement. B, on the other hand, claims that A was intoxicated at the time of the accident. This makes A partly responsible for the accident. The claim made by B is called a counter-allegation.
Responding to allegations
Every individual (the defendant) who is accused of committing a crime gets 20 days to respond to the complaint. The response usually involves countering the allegations or providing evidence claiming that the plaintiff’s allegations are baseless. In some cases, the defendants admit to the allegation as well.
The plaintiff may request an entry of default when an individual fails to respond to an allegation. The entry of default allows the plaintiff to proceed with the judgment without waiting for a notice from the defendant. An entry of default is of two types. They are,
- Entry by the clerk
- Entry by the court
An entry by the clerk occurs in cases where the allegation is regarding a sum that can be calculated by the clerk. The clerk considers the sum mentioned in the complaint and delivers a judgment against the defendant, who has failed to respond to the complaint.
An entry by the court is for matters that aren’t related to compensation. In such cases, the judge will order an investigation into the allegations made in the complaint. If the allegation is found to be true, then the court may make a judgment favoring the plaintiff.
