Some Things You Must Know If You Have Plans of Filing a Lawsuit
The constitution has been put into motion to make sure that the rights of every human being are protected all the time. However, there are still a lot of people who are not treated right so they do their best to make sure that their rights are still protected. Protecting one’s rights is established when the person opts to file a lawsuit against the person or persons that have done him or her wrong. When you file a lawsuit, you must take note that it is a step-by-step approach to reaching the result that you want to attain. Your case is guaranteed to be a success if you are able to take note of these specific steps.
Both filing of your primary complaint and issuing of a summons are the first step that you must do when you file a lawsuit against someone. Both these actions provide a summary of what has happened to you leading you to file a lawsuit against someone, the person responsible for it, and what you want to receive from the court of law as compensation for the wrongdoing that has been inflicted upon you, When both these things have been filed and issued, the clerk of the court of law will then contact the person being filed a lawsuit and inform him or her of the case. Once the defendant has then received the information, he or she will provide an answer to the summons. Now, their answer usually comes in two ways: first, the defendant may accept the lawsuit or second, the defendant may file a countersuit where they will claim that such an incident was actually caused by the one filing the lawsuit.
Once the defendant has provided the court of law his or her answer, the case will then officially open and the process of discovery then takes place. The process of discovery is defined as both parties gathering the necessary evidence to be provided as back-up for their side of the story. It is important to take note that whatever evidence both parties have they must be exchanged and registered so that both parties are lawfully protected and not at all caught of guard with a secret witness or any hidden evidence.
It is usually during this time that a pretrial conference will ensue where the defendant, prosecutor, their respective lawyers, and the judge that will be presiding the case are all present. Pretrial conferences must be done so that any form of delay in the court of law is avoided. It is usually being held and done about one week before the official trial takes place. It is also during this time that a settlement may be reached by both parties if this is what they want to happen.
When all of these steps are done, the trial now takes place. It is during this time that witnesses are brought in and evidences are presented. After hearing both sides, the judge will then give the jury time to deliberate on the case until they have reached a sound decision.