The Basics of Filing a Lawsuit
The constitution has been established to ensure that every right of every human being is protected at all times. Nevertheless, a lot of people can still attest that they are not being treated the right way; hence, they do their best to protect their very own rights. A person is only able to protect his or her own rights when he or she decides to file a lawsuit against the person that has done something wrong to him or her. When you talk about filing a lawsuit, you have to remember that such a process involves several steps that must be followed. And you are only able to attain the result that you want once you get to know these particular 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. If the information has already been passed on to the defendant, he or she will then 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.
The case will then get started and the discovery process ensues once the defendant will be able to provide their court of law an answer. 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. To protect the rights of both parties, it is important to remember that whatever evidence they have gathered they must exchange and register them so that no party will have to face secret witnesses or hidden evidences.
This is typically the time that the judge that will take part of the case will call upon a pretrial conference together with the prosecutor, defendant, and their respective lawyers. A pretrial conference must be done to avoid any delays in the court of law. This conference usually happens about a week before the start of the official trial. A settlement is sometimes achieved by the satisfaction of both parties through the pretrial conference.
The trial now starts after all of these steps are done. During the trial, witnesses as well as evidences from both parties 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.
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