Dealing with civil litigation can be a challenging time. However, if you've been involved in a dispute with another person,you may need to file a lawsuit. It's important to know the steps that are involved during this process to assist you in having legal success.
Step #1: File the Complaint
The first thing you should do is meet with an attorney and explain your case. This will allow your lawyer to determine the strength of your case and assist you with listing the allegations you should file against the defendant.
This document will list the precise reason you are suing the defendant and the amount of compensation you're seeking for your losses. It's ideal to list individually any money you're seeking for each expense you have incurred.
Additionally, you should have the complaint sent by certified mail or delivered by a sheriff within your jurisdiction.
Step #2: Await a Response
Once the defendant receives the lawsuit, this individual must admit or deny the allegations that have been made. This individual will have 30 days after receiving the complaint to provide a response.
However, it's possible for the defendant to get an additional 30 days to answer the complaint if an extension has been filed and granted by the court.
Step #3: Deal with Discovery
The time for both the plaintiff and the defendant to provide the full details of the case for either's point of view is during the discovery stage.
Listed below are the four parts of discovery:
1. Written interrogatories – A list of 25 questions or less must be answered both legal parties.
2. Deposition – This is when there is a meeting with the other person's lawyer face-to-face and answering a series of questions under oath.
3. Request for Admissions – Statements will be served to each opponent and these must be admitted or denied. This will allow the court to get to the details of the case and could shorten the time in court.
4. Request for Production Documents – This is the time to provide written documentation of your case that could assist you in strengthening it. For instance, copies of medical bills or a police report in an accident case should be provided at this time.
The process of civil litigation can be a complex and long one. It's ideal to check out the site of a personal injury attorney if you are dealing with a lawsuit of any kind.