Quick Guide on Litigation

First, a complaint is filed with the clerk of the court. A summons is issued, notifying the defendant that a lawsuit has been filed. The defendant is then served in writing the complaints against him, and can now file an answer or file a motion to dismiss.

If the defendant files an answer in response, both parties have the opportunity to discover all evidence the other side has that supports his or her side.

The defendant also has the ability to file a counterclaim. This is where the defendant may assert their own claims against the plaintiff. This counterclaim will be defended separately from the original claim brought on by the plaintiff.

Before the trial begins, any and all motions are reviewed, such as a motion to dismiss. During the trial, the plaintiff must prove their case through their witnesses and other evidence. Failure to do so will result in a dismissal. Once the trail is over, a judgment is put forth in favor of either the defendant or plaintiff. Later proceedings will go to enforce that judgment. Either side at this point can appeal if they so desire. If a defendant fails to answer or appear at trial, a default judgment is then awarded to the plaintiff.