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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. 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. 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 file a lawsuit, you must take note that it is a step-by-step approach to reaching the result that you want to attain. 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 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. When the defendant has already been informed about what he or she is up against, he or she will then answer 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.

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. 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.

After all of these things, the trial then begins. Both the witnesses and evidences of both parties are then presented to the court of law. After the judge has provided the jury the necessary instructions to deliberate on the case, the jury will then reach a decision.