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Some Things to Consider When 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. 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 you talk about filing a lawsuit, you have to remember that such a process involves several steps that must be followed. And you are only able to attain the result that you want once you get to know these particular steps.

Both filing of your primary complaint and issuing of a summons are the first step that you must do when you file a lawsuit against someone. Both these important things will summarize the entire incident that has happened to that led you to file a lawsuit, the person or persons responsible and whom you are up against, and the kind of compensation you want to receive from the court of law because of the damage you have received. Once both filing and issuing of these things are accomplished, the court clerk then gets in touch with the person being filed a lawsuit and informs him or her of the suit. 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.

The case will then get started and the discovery process ensues once the defendant will be able to provide their court of law an answer. 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. These evidences must always be exchanged and be registered by both parties so that either party will be protected by the court of law for cases where a secret witness or any hidden evidence is surprisingly presented.

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. This conference usually happens about a week before the start of the official trial. It is also during this time that a settlement may be reached by both parties if this is what they want to happen.

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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