The Basics of Filing a Lawsuit
The constitution has been established to ensure that every right of every human being is protected at all times. 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. 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.
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. 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. 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 discovery process is the time when both the side of the prosecutor and that of the defendant find enough evidence as back-up of 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.
It is during this time that a pretrial conference takes place where the prosecutor, defendant, their respective lawyers, and the judge that will preside their case will meet. Pretrial conferences must be done so that any form of delay in the court of law is avoided. Such a conference usually takes place one week before the start of the actual 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. It is during this time that witnesses are brought in and evidences are presented. After the judge has provided the jury the necessary instructions to deliberate on the case, the jury will then reach a decision.
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