What do we talk about when we talk about lawsuits? This series will explore the various stages of litigation – from the initial pleadings to the trial to the appeals and everything in between.
Initiating the Lawsuit
Let's start at the beginning: a dispute between two or more parties. Depending on the nature and scope of the dispute, the parties may attempt to resolve the matter before involving attorneys. Doing so is not without risks, however. Engaging legal counsel at the outset of a dispute can help parties better understand both the immediate and long-term ramifications of a dispute and protect their interests.
If the dispute cannot be resolved in preliminary negotiations, the plaintiff will then file a complaint in a court of competent jurisdiction. This kicks off the pleadings stage of a lawsuit, which is where the parties state their general positions. The complaint sets forth the plaintiff's version of the facts, along with any claims the plaintiff wishes to bring against the defendant.
With the complaint, the plaintiff also files a request that a summons be issued to the defendant. Upon being notified of the complaint, the defendant must then file an answer (typically within 28 days of being served). In the answer, the defendant either admits or denies the plaintiff's allegations. The defendant can also file a counterclaim in order to bring their own claims against the plaintiff. The plaintiff must then file an answer to the defendant's counterclaim.
Alternatively, the defendant might file a motion to dismiss in response to a complaint, which, if granted, means the court will dismiss some or all of the plaintiff's claims. A motion to dismiss can be based on various grounds, from lack of subject matter or personal jurisdiction to insufficient service of process. Frequently, a defendant will file a motion to dismiss on the grounds that the plaintiff failed to state a claim upon which relief can be granted.
Once the parties have exchanged pleadings, the court will typically hold a case management conference at which the parties address any initial issues, plan discovery, and set the general trajectory for the case.
Initiating a lawsuit involves a structured process that begins with a complaint and unfolds through a series of steps aimed at defining each party's position. This stage is just the beginning of a complex journey that includes discovery, motions, potential settlements, and, in some instances, a trial or appeal. Whether you're a party in a dispute or simple curious about the litigation process, understanding these stages can help demystify the legal process and illustrate how cases progress through the court system.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
