The Basics of Filing a Lawsuit
It is the purpose of any country’s constitution to make sure that each of its citizen’s rights are protected throughout their lives. 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. 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 talk about filing a lawsuit, you have to remember that such a process involves several steps that must be followed. Your case is guaranteed to be a success if you are able to take note of these specific steps.
When it comes to filing a lawsuit, the first step that you must take is to file your primary complaint and then issue a summons. 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, After filing and issuing of both of these things, the court clerk will then provide the necessary suit information to the person that has just been filed a lawsuit. 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.
It is during this time that a pretrial conference takes place where the prosecutor, defendant, their respective lawyers, and the judge that will preside their case will meet. A pretrial conference must be done to avoid any delays in the court of law. Such a conference usually takes place one week before the start of the actual trial. A settlement is sometimes achieved by the satisfaction of both parties through the pretrial conference.
When all of these steps are done, the trial now takes place. 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.