Civil litigation arises when people get into disputes that aren’t criminal. These disputes usually involve a claim for money or some other action that doesn’t involve breaking the law.
The process of civil litigation begins with the plaintiff filing a complaint with the court. The defendant then creates an official reply 스토킹변호사 called an answer.
Complaint
A civil lawsuit is a dispute between two or more individuals. The person bringing the lawsuit (the plaintiff) files a complaint in court alleging facts and asking the court to grant him “relief.” Relief can include money damages for harm caused, or other non-monetary “equitable remedies” such as an order requiring that an animal be moved from a slaughterhouse to a sanctuary.
The defendant must respond to the plaintiff’s allegations by filing an answer to the complaint. The answer should admit or deny the plaintiff’s claims and set forth defenses to the lawsuit. A defendant can also file counterclaims against the plaintiff and cross-claims against co-defendants.
If the defendant believes the complaint contains false or inaccurate information, he can file a motion to dismiss early in the case to ask that the suit be dismissed. A judge will normally schedule a hearing on the motion.
If the defendant has not already filed an answer, he should prepare one and then have it served on all other parties to the case. This is usually done by a private process server. When the defendant files an answer, he should make sure that he has the original complaint and a copy of the CIS (Civil Court Information Sheet) plus two copies of each. He should also have a self-addressed envelope for the court to send a Track Assignment Notice and Summons.
Answer
Defending a lawsuit is a time-consuming process. The defendant’s attorney needs to investigate the complaint and research the law before drafting an answer. The answer is a formal document that addresses each of the plaintiff’s allegations in the complaint and provides the defendant’s side of the story. Depending on the situation, the defendant may also file other responses such as a motion to transfer the case to a different court (venue), a motion to quash service of the summons and complaint, or a demurrer (claiming that the facts and legal arguments in the complaint are not sufficient for a lawsuit).
The answer is the defendant’s opportunity to admit or deny each allegation in the complaint, or state that they are not responsible for the alleged harm. It is also the defendant’s chance to make counterclaims against the plaintiff and cross-claims against co-defendants. Under New York law, a defendant has 20 days to file an answer after they are personally served with the summons and complaint.
Defending civil litigation is often expensive, but the cost varies by the lawyer’s field of specialty, location, and experience level. Clients should speak directly with attorneys to discuss their specific circumstances and get a more accurate understanding of how much it will cost to defend them in the civil litigation process. The Legal Writer will cover more about how to budget for the cost of a civil lawsuit in an upcoming article.
Discovery
After the defendant files an Answer, the next step is for each side to gather information that will help them prove their case. This process is known as discovery and is a vital part of the lawsuit. Each party can request information through written requests called interrogatories, requests for admission of facts, and requests for production of documents. In addition to these written requests, the parties can also take depositions of each other and witnesses as well as examine physical evidence.
Civil litigation can be extremely time-consuming and expensive. Therefore, it is important to consult with an experienced attorney as soon as possible. This will ensure that you file your lawsuit within the statute of limitations and start the discovery process as quickly as possible.
During this process, attorneys will review documents, interview witness and conduct extensive research to discover as many facts as possible about the case. They may also enlist the services of expert witnesses to validate their arguments or testify at trial.
During this stage, each party can request information from nonparties to the lawsuit such as banks, credit card companies, and other financial institutions to obtain relevant records. In addition, parties can request inspection of physical evidence such as property and personal belongings. If a party refuses to comply with a court order, they can be found in contempt of court and face serious consequences.
Pre-Trial
A successful settlement is often possible at the pre-trial stage of a civil case. However, if negotiations don’t work, the case will be put on a trial schedule. During this period the attorneys will start preparing evidence for trial and file pretrial motions.
A plaintiff’s pleadings will identify what harm they suffered, who harmed them and request compensation for the harm. The defendant will then file an answer, which disputes the factual allegations and legal claims of the complaint, asserting affirmative defenses to the claim and any counterclaims.
During the discovery process each party’s attorney will gather information from the other by asking written questions called interrogatories, conducting interviews with witnesses under oath and requesting documents. Attorneys will also use experts to help them explain the facts of the case.
A pretrial conference is held with the Judge and each side’s lawyer where they discuss the evidence they intend to present to the jury, who their witnesses will be, and a trial date will usually be set. The parties may also be asked to discuss settlement options during this time. If one or both parties don’t reach a settlement at this stage they can opt to appeal the decision of the trial court. If an appeal is filed the appellate court will review the evidence presented during the trial and reassess the trial court’s decision.