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The Anatomy of a Law Suit
If
you are currently involved in or contemplating litigation, you
should understand how a law suit proceeds. Personal injury lawsuits
begin with the filing of a Complaint or Petition by the plaintiff
against one or more defendants. That complaint or petition sets
forth facts and law supporting the plaintiff's claims.
This complaint or petition must then be served on the defendants,
who have a set period of time to file an answer. The defendant's
answer either admits or denies the allegations contained in
the complaint. The answer also sets forth any specific defenses
that the defendant is alleging to the claims made by the plaintiff.
After the answer is filed by the defendants, the lawsuit
enters into a period called discovery. Discovery is a term
used to describe the period during which the parties learn
about or "discover" all of the facts and witnesses
and testimony supporting the claims and defenses.
Typically, discovery encompasses the exchange of written
questions called interrogatories, the requests by the parties
for the production of documents, the requests by the parties
to admit certain facts, and the deposition testimony taken
from the various witnesses. Depending on the size of the case
and the documents and witnesses involved, this process can
take years to complete.
Another phase of litigation is the discovery of and exchange
of information regarding expert witnesses. In most cases,
the law requires that the liability and damages suffered by
the plaintiff must be proven by expert witnesses. Depending
on the type of case involved, these experts may include accident
reconstruction experts, engineers, physicians, safety experts,
highway design experts and the like. Each party will attempt
to take the deposition of the opposing party's expert witness
to discover the opinions of that expert.
In most jurisdictions, after the completion of discovery,
the parties can then move the court to set a trial date. The
court usually sets a date which is mutually convenient to
all parties and it is usually set many months later. Some
courts, including federal courts, start the case by setting
deadlines, including a trial date, by which the parties must
have the case prepared. A scheduling order is entered by the
court giving both sides notice of the court-imposed deadlines
to complete discovery, exchange witness and exhibit lists
and file any motions.
When discovery is complete, the court usually asks the parties
to consider resolution of the case through settlement or mediation.
However, if the parties are unwilling to settle the case,
then it proceeds to trial.
Once all discovery is completed and the parties have finished
filing whatever motions they wish the court to decide, the
case can then proceed to trial. On the morning of the trial
date the court decides which of a number of cases scheduled
to be tried that day will proceed forward.
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