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. You are guaranteed to win your case if you know and learn these steps throughout the process.
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. After filing and issuing of both of these things, the court clerk will then provide the necessary suit information to the person that has just been filed a lawsuit. Once the defendant has then received the information, he or she will provide an answer to 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.
Once the defendant has provided the court of law his or her answer, the case will then officially open and the process of discovery then takes place. The process of discovery is defined as both parties gathering the necessary evidence to be provided as back-up for 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. Pretrial conferences must be done so that any form of delay in the court of law is avoided. Such a conference usually takes place one week before the start of the actual trial. A settlement is sometimes achieved by the satisfaction of both parties through the pretrial conference.
After all of these things, the trial then begins. Both the witnesses and evidences of both parties are then presented to the court of law. After the judge has provided the jury the necessary instructions to deliberate on the case, the jury will then reach a decision.