Some Things to Consider When Filing a Lawsuit
The constitution has been established to ensure that every right of every human being is protected at all times. And yet, there are several people who do not get the right treatment that they deserve; thus, they need to be able to protect their 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 it comes to filing any lawsuit, one must bear in mind that it involves a lot of steps to be able to get the result that you want. 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 important things will summarize the entire incident that has happened to that led you to file a lawsuit, the person or persons responsible and whom you are up against, and the kind of compensation you want to receive from the court of law because of the damage you have received. 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. The answer usually follows one of opposite directions: first it may be acceptance of the lawsuit or second it may be filing a countersuit claiming that the prosecutor was the one who was responsible for the entire situation outlined in the complaint.
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. 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. Such a conference usually takes place one week before the start of the actual trial. The pretrial conference is also a means by which both parties will be able to reach a certain settlement that will render them both satisfied.
The trial now starts after all of these steps are done. Both the witnesses and evidences of both parties are then presented to the court of law. After hearing both sides, the judge will then give the jury time to deliberate on the case until they have reached a sound decision.