Some Things to Consider When 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. 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. Filing a lawsuit against the person or group of people who have done you wrong is one way of ensuring that your rights as a human being are properly protected. 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.
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 of these things contain a summary of what has particularly happened to you, the person responsible for the said incident, as well as what you want to receive as compensation from the court of law as payment for what you have lost. 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.
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.
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. Such a pretrial conference is done to avoid any form of delay in the court of law. It is usually being held and done about one week before the official trial takes place. 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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