Some Things You Must Know If You Have Plans of 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. 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 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. You are guaranteed to win your case if you know and learn these steps throughout the process.
At the start of the entire process, the first thing that you must do is file your complaint and afterwards you must 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. Once both filing and issuing of these things are accomplished, the court clerk then gets in touch with the person being filed a lawsuit and informs him or her of the suit. Once the defendant has then received the information, he or she will provide an answer to the summons. Their answer to such summons usually goes in either of the two ways: first, the one accused may accept the suit or second, he or she may claim that it was not his or her fault but the fault of the prosecutor; thus, he or she will file a countersuit.
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 discovery process starts off with both the defendant and prosecutor sides looking for the necessary evidence to prove 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. Such a conference usually takes place one week before the start of the actual trial. It is also during this time that a settlement may be reached by both parties if this is what they want to happen.
When all of these steps are done, the trial now takes place. It is during this time that witnesses are brought in and evidences 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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