What is the test for bringing an action against a district attorney in a civil case if the district attorney does not attend the hearing?
"New York", United States of America
The following excerpt is from People v. Wyner, 207 Misc. 673 (N.Y. Dist. Ct. 1955):
In People ex rel. Pringle v. Conway (121 Misc. 620, 622), the court there said: "But if he (the district attorney) does not appear and counsel for the complainant is present and the magistrate elects to proceed with the hearing such action would be entirely proper, and a magistrate could avail himself of prosecutor's counsel to present the case."
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What jurisdiction does the federal district court have to hear a civil rights action to redress the deprivation of civil rights? (MultiRegion, United States of America)
Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
Can a District Attorney bring a writ of prohibition against the District Attorney for failing to produce evidence before a grand jury? ("New York", United States of America)
How has the pleading standard been interpreted in civil civil cases in the context of civil civil litigation? (MultiRegion, United States of America)
What is the effect of the Attorney General's practice of employing special counsel to assist district attorneys in the prosecution of civil cases? (MultiRegion, United States of America)
Is there a qualified immunity in the context of a civil action brought by former Deputy First Minister of State John Rutherford, who was sued in his individual capacity for violating Section 1983 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
Can a party bring a civil action in the state or federal courts in the event that it is dissatisfied with the decision of an agency hearing officer? (MultiRegion, United States of America)
Can an individual bring a civil action for the deprivation of their civil rights pursuant to Section 1983? (MultiRegion, United States of America)
Is a prisoner precluded from bringing a civil action or appeal in forma pauperis if he has brought three frivolous actions and/or appeals? (MultiRegion, United States of America)
Does a judge have authority to order that a person who has not had a hearing be allowed to attend the hearing before the hearing of the motion, or is not permitted to do so? (MultiRegion, United States of America)
