Some Things to Consider When 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. 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 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. You are guaranteed to win your case if you know and learn these steps throughout the process.
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 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. 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 discovery process is the time when both the side of the prosecutor and that of the defendant find enough evidence as back-up of 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. 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 everything has been presented, the judge will then give the jury the go signal to deliberate and then the jury will then come up with a decision.
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