Also known as: respondents
Written by attorneys · grounded in primary & secondary sources — see below
A party against whom a petition or other proceeding is brought in a court or tribunal. The term identifies the individual or entity required to respond to the claims or requests for relief asserted by the petitioner or moving party.
Select any source to read its text and confirm it supports the definition.
Roberto Reyes faced a proceeding that could result in incarceration after a support enforcement agency filed a petition alleging willful nonpayment. His lawyer, citing the rule allowing defense of every element, required the agency to prove each factual allegation rather than accepting any concession. The tribunal therefore conducted a full hearing on all contested issues before entering any order against him.
Rina Rahman filed a support petition in her home state and asked the initiating tribunal to forward it to a responding tribunal in another state where the respondent resided. The responding tribunal obtained personal jurisdiction over Ralph Richardson and proceeded to adjudicate the support obligation. Richardson received notice and an opportunity to contest the claims in the foreign tribunal.
Rebecca Ross petitioned to enforce an out-of-state custody order against Riley Rivera, who had physical custody of the child. The court required service of both the petition and the order on Rivera and on any person holding physical custody. Proper service allowed the enforcement proceeding to move forward against the named respondent.
Rita Russell commenced a parentage action in the county where the child resided. Because the child did not live in the state, the court also considered whether the respondent, Ridgeway Partners' employee Ralph Richardson, resided or could be located there. Venue was proper once the tribunal confirmed Richardson's presence within the county.
Royal Crest Hotels' former employee Rina Rahman sought modification of a child-support order in a new state after neither party nor the child remained in the issuing state. The tribunal exercised jurisdiction because the respondent was subject to personal jurisdiction there. The court then applied its own modification standards to the registered order.
Roberto Reyes registered a foreign custody determination in the enforcement state and served the respondent, Rebecca Ross. Ross contested enforcement on the ground that she had not received notice meeting statutory standards in the issuing court. The tribunal examined whether the lack of proper notice prevented confirmation of the order against her.
The petitioner initiates the proceeding by filing a petition. The respondent is the party against whom the petition is filed and who must answer or defend in the responding tribunal.
Supporting sources
The petition and order must be served on the respondent and any person who has physical custody of the child by a method authorized under state law.
Supporting sources
Yes. The rule expressly permits a lawyer for the respondent in a proceeding that could result in incarceration to defend by requiring the opposing party to establish every element of the case.
Supporting sources
…for example, ante , at 124, the only language remotely applicable to eminent domain is stated in terms of “the destruction of respondents’ terminals by a trained team of engineers in the face of their impending seizure by the enemy.” 344 U. S., at 156. [^maj-5]: In particular, Penn Central cannot increase the height of the…