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How Lawsuits Work - An Overview

Being embroiled in a lawsuit can be a frustrating experience; especially for the uninitiated. It’s a process of seemingly monotonous steps toward a resolution that seems distant. In this article, we’ll give you a brief overview of the entire process of a lawsuit (for civil suits). By the end, you’ll have a good idea regarding what to expect if you sue someone or are forced to defend yourself in court.

Preparing The Complaint

Every lawsuit has 2 parties (at a minimum). There’s a plaintiff and a defendant. In civil cases, the plaintiff’s lawyer writes a Complaint. This is a document that explains in detail how the plaintiff has been aggrieved and the type of relief or compensation sought. The Complaint is typically prepared with a Summons.

Initiating A Civil Action

When the Complaint and Summons are either filed with the court or served to the named defendant (different states have varying procedures), a civil action formally begins. When the documents are served (as opposed to filed), it make take time for the case to be presented in court.

Answering The Complaint

Once the Complaint and Summons have been filed or served, the named defendant must file an Answer. The Answer is prepared in direct response to the Complaint. It includes details regarding what parts of the Complaint the defendant contests or acknowledges. The Answer also provides any defense the defendant has regarding details in the Complaint. Finally, if the defendant has a claim against the plaintiff, his lawyer will include such details in the Answer.

The Answer must be filed within a predetermined time frame. If the defendant (or his lawyer) fails to file it, a default judgment may be applied by the court against the defendant.

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Discovery Begins

After the Answer has been filed, Discovery begins. This is a long process that can involve the defendant, plaintiff, witnesses and other parties taking the stand. It can also involve the production of relevant documents and taking depositions (i.e. sworn testimonies). Discovery is a key step in the preparation for a trial. That said, a trial can often be avoided by an agreement for settlement or following an alternate path of mediation and resolution.

Submitting A Motion

Before going to trial, lawyers for the defendant and plaintiff will often submit motions to have parts of the case discarded by the judge. Sometimes, this is due to an agreement between the defendant and the plaintiff that effectively voids a prior dispute. Other times, laws already exist that preclude further inclusion of certain disputes in the case. At the end of this process, if any disputes remain, the respective parties prepare for trial.

Going To Trial

Trials can be long and expensive. Subpoenas are issued. Witnesses are called. The lawyers present their cases. Evidence, documents and arguments are given. The jury deliberates. Finally, a judgment is entered. A civil trial can take weeks, months, or even years to complete.

Being Involved In A Lawsuit

It’s impossible to predict how long a lawsuit will proceed. Some take a couple of months. Others take several years. The details and circumstances surrounding a case can play a key role in determining how much time, money and other resources are required. Being involved in a lawsuit can be extremely draining. But, you now have an appreciation of the process. If you find yourself in court, you know what to expect.

Consider the Richmond Virginia Criminal Defense Lawyer or Richmond Virginia Personal Injury Lawyer or Virginia Traffic Defense Attorney at Carlson & Collier

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