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. 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 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.
When it comes to filing a lawsuit, the first step that you must take is to file your primary complaint and then issue a summons. 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. After filing and issuing of both of these things, the court clerk will then provide the necessary suit information to the person that has just been filed a lawsuit. When the defendant has already been informed about what he or she is up against, he or she will then answer 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.
When the court of law has received the answer of the defendant, the case will then officially start and so the process of discovery then starts off. 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. This conference usually happens about a week before the start of the official trial. The pretrial conference is also a means by which both parties will be able to reach a certain settlement that will render them both satisfied.
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 the judge has provided the jury the necessary instructions to deliberate on the case, the jury will then reach a decision.