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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. Nevertheless, a lot of people can still attest that they are not being treated the right way; hence, they do their best to protect their very 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 talk about filing a lawsuit, you have to remember that such a process involves several steps that must be followed. Your case is guaranteed to be a success if you are able to take note of these specific steps.

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 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. If the information has already been passed on to the defendant, he or she will then provide an answer to the summons. Now, their answer usually comes in two ways: first, the defendant may accept the lawsuit or second, the defendant may file a countersuit where they will claim that such an incident was actually caused by the one filing the lawsuit.

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 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. A pretrial conference must be done to avoid any delays in the court of law. It is usually being held and done about one week before the official trial takes place. 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.

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 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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