This depends on the facts of the case. If the general partnership is a true general partnership (not a limited partnership), then each of the partners is individually liable for the partnership's liabilities anyway. But it is very rare nowadays to see a business intentionally structured as a general partnership. I wonder if you meant to say that the business is a limited partnership, with general partners?
Even if the entity is a limited partnership (or some other form of entity besides a...
No. If the Plaintiff notices the deposition, then the Plaintiff will pay the reporter's fee for being at the deposition. The Plaintiff will also pay the court reporter for a copy of the transcript if desired. If the Defendant wants a copy of the transcript, then the Defendant would pay for that.
Yes, it is legal. If you are in Arizona and have been sued in Arizona state court, the answer deadline is usually 20 days after you were served. You might want to discuss with an attorney the possibility of filing a motion to dismiss before filing an answer. You wouldn't want to inadvertently waive any defenses you have.
There are links discussing litigation issues below if you care to review it.
Direct line: 480-325-9913
If the tort occurred in Arizona, and the tort was done on behalf of the partnership, then most likely Arizona courts are going to have jurisdiction over the partnership. Depending on the type of tort, there might be a fight over whether it "occurred" in Arizona, and there might also be a fight over whether the tort was "done on behalf of the partnership." But that's the general rule that the court will apply in deciding whether it has jurisdiction.
If you don't want to appear, you don't have to. If you don't call in, your employer will prevail and you will be required to return any unemployment benefits you have received.
If you decide to fight after all, you can expect to pay about $1,500 to an attorney to help handle it. I have handled many of these types of cases.
Under Arizona Rule of Civil Procedure 26.1, these questions tend to be resolved by judges on a "common sense" basis. In other words, the answer to your question is that the witness must be disclosed if she has relevant information. What is relevant? Well, of course that depends on the facts of your specific case.
It is very unlikely that your case would be dismissed the first time this dispute were brought before a judge. Dismissal usually will only occur if the judge orders you to...
I agree that a motion for summary judgment is the right motion to file. However, you need to file some groundwork first. Well-defined requests to admit and interrogatories will give you the foundation for your motion to succeed. In my experience on this type of case, you will want to make sure your ducks are in a row before filing. Also, the angle you take might be different depending on which Maricopa County Superior Court judge is assigned to your case.
I strongly recommend that you have an attorney review your operating agreement with you and discuss the claims you might have against your partner, and the claims he might have against you. Even if you are not looking for a fight now, you certainly want to know what exposure you might have, and how you can best position yourself for possible future problems. Having litigated this type of matter (and avoided litigation in this type of matter) many times, I can tell you that figuring out your...
Usually filing a motion to dismiss on behalf of a party would be an initial pleading that would constitute an appearance on behalf of the defendants for whom the motion was filed. But it will depend somewhat on the wording in the motion. If the attorney has been retained by all the defendants to represent them, then the answer is no--the lawyer does not need to file a notice of appearance in addition to filing a motion to dismiss.