The procedures in filing a lawsuit involve very intricate matters that should be addressed. Generally, it may take a lot of time and effort just to ensure that all the necessary tasks are being done in order to have a positive result.
In any court trial, there is a minimum of two parties involved, and it is expected that the opposing parties would do their own tactics to outwit and destroy the credibility of their adversary and subsequently win their legal battle. With such idea, we may say that a court case is merely a contest wherein the more clever party has the stronger chances of winning and the imprudent should have to accept defeat.
Usually, a legal action may begin with the filing of a complaint followed by the release of summons to both parties – the plaintiff and the defendant. The plaintiff is the person or entity who initiates the case while the defendant is the party who is being accused of a wrongdoing. Commonly, the plaintiff needs an attorney to prepare the necessary documents for this task.
After receiving a copy of the complaint, the accused will be asked to respond within a period of three weeks depending on the state where the case is filed. In his response, the defendant may accept or deny some or the entire accusations of the plaintiff. This is a document wherein he can explain his side and make counter charges to his opponent.
If in case the defendant fails to bring in his response, the court will automatically file a not guilty plea for him and schedule a hearing for the lawsuit.
In the hearings of the case, both parties will be asked to submit their evidences to support their claims. This is also where the plaintiff, defendant and some witnesses will be questioned about the case. The court verdict will then be based on the weight of the evidences and the credibility of statements made.
These things will explain the vital role that trial attorneys are doing for their clients. Since they are the professionals who have that understanding of the law and the sufficient skills and experiences in going through the legal process, their presence in lawsuits is very much important – either as prosecuting counsels or defense counsels.
Nonetheless, if neither party has its own counsel, a lawsuit will not initialize.
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