Overview of a Typical Lawsuit
Investigation and Pleadings
- The plaintiff hires an attorney to seek restitution of damages from a
defendant.
- The plaintiff attorney investigates the case (possibly with the assistance
of a CPA or other expert).
- The plaintiff's attorney demands restitution from the defendant.
- If the defendant refuses to pay, the plaintiff's attorney files a lawsuit
(which may also be called a complaint or initial pleading).
- The defendant responds to the complaint with a motion or an answer.
Discovery
- Each party requests documents from the opposing side.
- Each party issues interrogatories to be answered by the opposing side.
- Each party submits requests for admissions to the opposing side.
- Each party holds depositions of opposing witnesses.
Motion Practice and Negotiation
- Throughout the litigation process, each side will seek rulings from the
court regarding a variety of motions.
- At any time during the litigation, the parties may negotiate a settlement.
Trial and Appeal
- The case will be litigated and a verdict will be rendered.
- The losing party may appeal the verdict to a higher court.
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3/17/2006 -
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Copyright © 2006 Raymond S. Kulzick - Last modified:
September 13, 2008