The process gets initiated when the complaint is filed in court, or comes to the court through some other system. For example, a criminal complaint will come to court after it has passed the crime and law enforcement agencies, or the IRS would file an income tax related case with the court as per decorum.
Full Answer
How long does a personal injury lawsuit take to process?
It's hard to say how long all these steps will take in your case. The entire process can take from as little as six months, to as long as years. In the case of witnesses, you can be called to testify at any time from shortly after the event to the better part of a decade after it happened.
How long do I have to respond to a civil lawsuit?
Along with the complaint, you'll also get a “summons.” The summons informs you that you’re being sued, and gives you information about the case, like the deadline to file a formal response, called an “answer,” in court. Generally, you’ll get around 20 to 30 days to file a written answer to the lawsuit with the court.
Do you know the different stages of a lawsuit?
Most people aren't all that familiar with the different stages of a lawsuit ( most legal disputes settle, after all) but it's important to get a sense of what's to come, so that you can best protect yourself and your rights. So, read on for a summary of the different steps to expect if your dispute makes its way to court.
What is the first step in a civil lawsuit?
The Complaint: Litigation begins when the plaintiff files a complaint with the court and formally delivers a copy to the defendant. The complaint describes what the defendant did (or failed to do) that caused harm to the plaintiff and the legal basis for holding the defendant responsible for that harm.
What are the stages of a lawsuit?
Three Phases of a LawsuitPleadings: These are the initial documents that start a lawsuit and outline the claims, counterclaims, and defenses of each side. ... Discovery: The parties mutually exchange factual information during discovery. ... Conclusion: Following discovery, the lawsuit needs a final conclusion.
What is the time frame for a lawsuit?
Except for when you sue a government agency, you almost always have at least one year from the date of harm to file a lawsuit, no matter what type of claim you have or which state you live in. In short, you should have no statute of limitations worries if you sue within this one-year period.
What are the 5 steps to initiate a lawsuit?
The following process explains the steps of a civil lawsuit.Step 1: Consult With Representatives. If you are considering going to court, talk to your potential representatives before filing a lawsuit. ... Step 2: File Complaint / Pleading. ... Step 3: Discovery. ... Step 4: Trial. ... Step 5: Verdict. ... Step 6: Appeal.
What is the correct order of stages for a typical lawsuit?
Lawsuits typically proceed through the following steps: pleadings, discovery, trial, and in some instances an appeal, which will follow the trial. A settlement can occur at any time during the pre-trial phases of the case.
How long do most civil cases take?
If you have a civil rights case that is taken on by an attorney, those cases typically require two to three years (on average) to get to trial. That timeframe can be delayed even further if a case is appealed before trial.
How long do compensation claims take to settle?
A straightforward injury claim could take around six months to settle, while a more challenging case could take three years or longer to come to an end.
Who initiates a lawsuit?
A plaintiff is the party who initiates a lawsuit or who yields allegations against another party. A defendant is on the receiving end of the allegations.
What is the first thing that happens in a civil case?
A federal civil case involves a legal dispute between two or more parties. A civil action begins when a party to a dispute files a complaint, and pays a filing fee required by statute. A plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis.
How does a civil case start?
A civil suit begins when a legal person claims that he has been harmed by the actions of another person or business and asks the court for relief by filing a “complaint”. Most of the civil suits are guided by the well settled principles of the Code of Civil Procedure.
What is the first phase of a lawsuit?
The first step in a lawsuit is filing the complaint and serving it on the defendant. The plaintiff will outline their version of events in the complaint and describe how the defendant's actions harmed them. They will ask for monetary compensation or another remedy, such as an injunction.
How does litigation process work?
Litigation is the process of taking a dispute to a court of law. If parties cannot agree between themselves about the fair and proper outcome of a dispute they will present their respective cases to a court for its judgment.
Can you sue for something that happened years ago?
Technically you can be sued for anything at any time, but in most cases can succeed on a motion to dismiss because the statute of limitations for most claims is less than ten years.
Why do lawyers take so long to settle a case?
The reasons a case can progress slowly can be summed up into three general points: Your case is slowed down by legal or factual problems. Your case involves a lot of damages and substantial compensation. You have not reached maximum medical improvement from your injuries (this will be explained below)
What happens after a suit is filed?
After your attorney files your lawsuit (a Complaint) in the Court, the Defendant(s) will be tracked down and the Complaint and suit papers will be literally hand delivered to them (service of process). The Defendant will then have 20 days to respond or “Answer” the Complaint.
How long is the statute of limitations?
In criminal law, the limitations period refers to the time in which the government may charge a defendant with a criminal offense, either by indictment or criminal information. The applicable statute of limitations for most federal crimes is five years (18 U.S.C. § 3282).
How does a lawsuit start?
A lawsuit begins when the plaintiff goes to court and files a complaint against the defendant, and the complaint along with a summons is served on the defendant. The complaint explains why the plaintiff is suing the defendant and sets out the remedy (i.e. money damages, the return of certain property, or an injunction to stop ...
What is the process of a lawsuit being decided by a jury called?
Trial. If the plaintiff and defendant can't reach a settlement, the lawsuit will proceed to trial, usually to be held before (and to be decided by) a jury, but sometimes before a single judge (this is called a "bench trial"). The basic process goes like this: Jury selection takes place.
Who Is Involved in a Lawsuit?
The person who starts a lawsuit is called the plaintiff. The person who has been sued in the lawsuit is called the defendant. Learn more about the Parties in a Civil Lawsuit.
What is a summons for a lawsuit?
The summons tells the defendant that a lawsuit has been filed and when a response must be made. The summons usually must be "served" on the defendant personally (or on someone authorized to receive "service of process"), but it may be mailed in some situations. A copy of the complaint is attached to the summons so the defendant knows why the suit was filed. (Learn more about Service of Process in a Civil Case .)
What happens if you don't settle out of court?
If you're not able to reach an agreeable settlement out-of-court, your legal dispute is likely to reach the lawsuit phase. Here's what you need to know as your case winds its way through the civil court system.
What can be used to investigate a lawsuit?
After a lawsuit is filed, both parties can use the discovery process to gather information about the case. A variety of tools they can be used to investigate the facts and the other side's position, including: Interrogatories (written questions that must be answered under oath, sent from one party to another).
How much money can you sue in a small claims court?
Each state has set its own ceiling for the dollar amount that can be at issue in a small claims case, but the cap is usually somewhere between $5,000 and $10,000. (For a state-by-state breakdown of the dollar limit, check out Nolo's 50-State Chart of Small Claims Court Dollar Limits .)
How does the duration of a lawsuit differ from the time of trial?
Timing: The duration of a lawsuit depends on the issues of the case, the amount of discovery to be conducted, and court scheduling and availability. The parties, guided by the rules of court, usually decide the timing of discovery. Trial dates are set by the court. Timing and scheduling differ between state and federal courts.
What are the steps of civil litigation?
Civil lawsuits generally proceed through distinct steps: pleadings, discovery, trial, and possibly an appeal. However, parties can halt this process by voluntarily settling at any time.
What is a complaint in a civil case?
The complaint describes what the defendant did (or failed to do) that caused harm to the plaintiff and the legal basis for holding the defendant responsible for that harm. The Answer: The defendant is given a specific amount of time to file an answer to the complaint. The answer provides the defendant’s side of the dispute.
What is the name of the document that each party files in a lawsuit?
Each party in a lawsuit files initial papers, known as “pleadings.” The pleadings explain each party’s side of the dispute.
How do you obtain information from a witness?
Another key method of obtaining information is to conduct depositions, in which witnesses are questioned under oath by the parties’ attorneys and the witnesses’ answers are recorded by a court reporter. Depositions are used to learn more about the facts of a case and about what the different witnesses contend happened.
Why do you challenge a jury verdict?
Errors of law committed by the trial court or a jury’s disregard of law or evidence are common reasons for challenging a jury’s verdict. A motion for judgment notwithstanding the verdict asks the court to disregard the jury’s verdict and enter a different decision.
What is the longest part of a lawsuit?
Discovery: Discovery is usually the longest part of the case. It begins soon after a lawsuit is filed and often does not stop until shortly before trial. During discovery, the parties ask each other and third parties for information about the facts and issues of the case.
What to expect in a lawsuit?
What to Expect - A Lawsuit Chronology. Whether you are suing someone or being sued, or being called as a witness, a lawsuit is a complicated legal process, and it can be full of unpleasant surprises and frustrating delays. Don't forget, there are at least two parties to every action, and that means the schedule and the events which take place can ...
When can you testify in a lawsuit?
In the case of witnesses, you can be called to testify at any time from shortly after the event to the better part of a decade after it happened. Generally speaking, the less money at stake, and the more issues that can be resolved before trial, the smoother and faster the lawsuit will go.
What is a civil action?
A civil action (as opposed to a criminal or family proceeding, for example) begins with a Complaint, usually accompanied by a Summons. A Complaint is a legal document that lays out the claims that the Plaintiff (the person or business bringing the lawsuit) has against the Defendant (the person or business being sued).
How is a civil action commenced?
A civil action is officially commenced in one of two ways. In some states and in federal court, filing the Summons and Complaint with the court commences the action. In many states, serving the Summons and Complaint on the other party commences the action.
What happens if the defendant doesn't answer the complaint?
If the Defendant doesn't answer the Complaint, the court may enter a default judgment against the Defendant. If the Answer contains a counterclaim or a third-party complaint, the party against whom that claim is made also has to answer within a certain time.
How long does it take to answer a complaint?
The Defendant has to answer within a certain time (usually about three weeks). The Answer says what portions of the Complaint, if any, the defendant admits to, what the Defendant contests, what defenses the Defendant may have, and whether the Defendant has claims against the Plaintiff or any other party. If the Defendant doesn't answer the ...
How to get rid of a case?
In many cases, one or both of the parties will try to get rid of the case, or a portion of it, by motion. Basically, the parties present to the court those issues that are not in dispute, either because the parties agree as to the facts, or because application of the law to the facts dictates a result. This is a hard concept for lay people. The theory is that, if a claim or lawsuit cannot possibly win, it is better for the judge to deal with it before wasting time or money. Unfortunately, motion practice can be lengthy and expensive.
What is the legal document that is filed at the beginning of a lawsuit called?
Starting a Lawsuit: The Complaint and Other Court Documents. The legal papers that are filed in court at the beginning of a lawsuit are called " pleadings .". Your attorney will explain pleadings to you in the particular context of your case, but the summary that follows will give you a head start in understanding some of the many documents ...
What is the beginning stage of a personal injury case?
Filing the complaint and other court documents is just the beginning stage of a personal injury case, but can set the stage for the rest of your lawsuit.
What is a summons in court?
The summons is an order from the court where the lawsuit will be heard or "litigated.". It notifies the recipient (the "defendant" in the case) that they've been sued, refers to the complaint or petition, and sets out the time limit within which the defendant must file an answer or seek to have the case dismissed.
What happens if you don't respond to a lawsuit?
Failing to respond to a lawsuit on time will cause a defendant to be "in default.". The summons is usually a form document. It will have a preprinted caption that contains the name of the court, the names of the parties and a docket number (the court's identification number for the matter). The body of the document will tell the defendant ...
What is a third party complaint?
Third-party Complaint. Sometimes a defendant who has been sued will have a legal reason for passing liability off to another person. A common example is a contract in which the third party promises to pay if you the defendant is found liable in a case. This person may be brought into the lawsuit if the defendant files a third-party complaint.
What happens when you cross-claim a lawsuit?
The person being sued in a cross-claim will file an answer similar to the one filed after the original complaint. The defendant will want to consider the various defenses available to them with regard to the claim.
What is a complaint in court?
The complaint is a document that identifies the parties involved, sets out the legal basis for the court's jurisdiction over the controversy, states the plaintiff's legal claims, and relates the facts giving rise to the claims. The complaint will also contain a section called a demand for judgment or prayer for relief.
How much can you sue for in small claims court?
Suing for $35,000 or less: Small Claims Court
What is the term for waiting for the other party to write and file a statement of defence?
Waiting for the other party to write and file a Statement of Defence (called a Defencein Small Claims Court)
What is class action?
Class actions: Starting a lawsuit with others
What is the simplified procedure rule?
If you are claiming an amount between $35,000 and $100,000, you can follow the “Simplified Procedure Rule” in the Superior Court of Justice. However, if using the Simplified Procedure, your claim must be for one or more of the following: money, real property (e.g. land), and personal property.
Do civil lawsuits vary from case to case?
Although civil lawsuits vary from case to case, most follow a similar basic procedure. The complexity of the procedures that need to be followed and where your case will be heard, will depend largely on the amount of your claim.
How long does it take to get a car accident case settled?
Most car accident claims conclude discovery within six months.
What is the discovery process in a lawsuit?
Understanding the Discovery Process in a Lawsuit. When a lawsuit gets underway, there is a period of time during which the attorneys involved begin investigating and gathering information related to the lawsuit. This phase is known as the discovery process because attorneys often bring to light important facts and documents ...
What is the first step in the discovery process?
The first phase of the discovery process is the written discovery phase. During this phase, your attorney may send and receive requests to produce documents, requests for admissions of facts, and written interrogatories. Your lawyer may also respond to requests from the defense counsel when the requests are unreasonable.
What to do if someone is injured in an accident that was caused by someone else's negligence?
Have you been injured in an accident that was caused by someone else’s negligence? Before filing a lawsuit, your lawyer will try to negotiate with the at-fault party’s insurance company to try to reach a settlement. If the company denies the claim, disputes it, or extends an unreasonably low offer, your attorney may file a formal civil complaint to commence a lawsuit . The defendant will then have some time to respond. Once his or her response has been filed, the case will proceed to the discovery process in a lawsuit.
What is a motion for summary judgment?
Motion for Summary Judgment. In some cases, one side or the other will find that there are no facts in dispute during the discovery process. When this occurs, an attorney can file a motion for summary judgment. This type of motion asks for the judge to dismiss the case or to issue a final ruling without a trial.
What happens if a motion for summary judgment is denied?
If the motion is granted, your case will be dismissed. If it is denied, your case will proceed to trial.
Can a personal injury lawsuit be settled out of trial?
The vast majority of personal injury lawsuits are settled out of trial. However, settlement negotiations sometimes fail. When this happens, the experienced trial lawyers at the Law Offices of Bryan Musgrave are prepared to litigate aggressively on behalf of clients during a jury or bench trial.
How to give notice of a lawsuit?
The legal way to formally give notice is to "serve" the other side the copies of the legal papers you filed with the court. This is known as " service of process ."
What age do you have to serve a person in a civil case?
Personal Service: Someone who is over the age of 18 and is not a party to the case must personally serve the other side all the proper documents.
How to notify the court that the other side was served?
The process server must fill out and sign the proof of service form detailing how the other side was served, type of service used , what time they were served , and to whom the documents were served. Make a copy of the proof of service and take the copy and the original to your county clerk.
What is substituted service in court?
Substituted Service: Substituted service is used after several failed attempts in personally serving the other party. If the server has tried serving the other side at different times of the week, then the papers can be left with someone who appears to be in charge and is over the age of 18 years old. The server then must mail a copy of the documents to the mailing address of the other side. The server must then write up a "declaration of due diligence" which is a document to the court detailing all the attempts he or she made in serving the lawsuit.
What does "service of process" mean?
Service of process means that the other side receives copies of all the paperwork you have filed with the court. The lawsuit paperwork must be third by a third party.
What are the rules for a process server?
The "server" or "process server" can be: 1 A friend or relative 2 A coworker 3 A county sheriff or marshal 4 A professional process server 5 Anyone over 18 who is NOT a party to the case
Is service of process included in representation?
There are many local agencies that specialize in process serving for a small fee. If you already have an attorney handling your case, the service of process would usually be included in the representation.
How long does it take to file a lawsuit?
Generally, you’ll get around 20 to 30 days to file a written answer to the lawsuit with the court. You’ll have to respond to the allegations in the complaint and raise any defenses you have, like that the statute of limitations (the law that sets a time limit on the right to file a lawsuit) has expired, or counterclaims against the collector, such as violations of the Fair Debt Collection Practices Act.
What is discovery in a lawsuit?
“ Discovery ” refers to the formal procedures that parties in a lawsuit use to get information and documents from each other to prepare for trial or settle the case. If you don’t raise any defenses or counterclaims, the collector probably won’t engage in discovery. But if you have a good defense or file a counterclaim, you and the collector might want to participate in discovery.
What is a debt collection lawsuit?
A debt collection lawsuit begins when the collection agency files a “complaint” (sometimes called a “petition”) in court. The complaint will explain why the collector is suing you and what it wants—usually, repayment of money you owe, plus interest, fees, and costs.
How to challenge summary judgment?
To challenge a summary judgment motion, you’ll have to file paperwork opposing the motion. If you don’t, you’ll probably lose. Because the outcome of the lawsuit is at stake, you should seriously consider consulting with a lawyer, if you haven't already, if the collector files this kind of motion.
What happens if a collector gets a judgment against you?
Once the collector gets a money judgment against you, you might face wage garnishment, a bank account levy, or a lien on your property.
What happens if a collector files a summary judgment?
If the judge grants the motion, the court will enter a judgment against you without a trial.
What is a summons in court?
The summons informs you that you’re being sued, and gives you information about the case, like the deadline to file a formal response, called an “answer,” in court.
How to prepare for a settlement negotiation?
Preparing for the Settlement Negotiation. Here are some tips to help you prepare for a successful settlement negotiation: Conduct a thorough investigation. This means you should still do the full discovery process as if you are planning to proceed to trial. This will give you ammunition in the negotiation.
How to negotiate settlements?
In order to negotiate settlement figures, you need to know the lowest you are willing to accept, as well as your goal amount. Your bare minimum is usually equal to your costs, such as your attorneys’ fees and medical expenses. Your goal amount will include loss of quality of life, emotional distress, lost wages, and more.
How to convince the jury about what happened?
Craft a powerful story. At every trial, attorneys try to weave powerful and convincing stories during opening statements in order to shape the jury’s mind about what happened before they even hear any evidence. You will want to do the same at the negotiation in order to try to convince the opposing party that your story is the right version of what happened.
What happens during a settlement negotiation?
Settlement negotiations occur during mediation. Plaintiffs, defendants, and their attorneys gather outside of the courtroom to talk through the issues and try to agree on a monetary value. If the parties agree to a settlement negotiation, the parties will sign the agreement, and it will act like a contract.
Why is it important to negotiate a settlement with the opposing party?
It may be advantageous for you to negotiate a settlement with the opposing party in order to save on court costs, attorneys’ fees, and time. In addition, if you believe you have a relatively weak case, it might also be your best method of handling the case. Settlement negotiations occur during mediation.
Do I Need an Attorney to Negotiate a Settlement?
This attorney will be experienced and well-versed in negotiation tactics. You also need an experienced and skilled personal injury attorney to negotiate on your behalf. An accomplished personal injury attorney will have years of experience with mediation and settlement negotiations and can help you strategize and prepare.
Who Is Involved in A Lawsuit?
Complaint and Summons
- A lawsuit begins when the plaintiff goes to court and files a complaint against the defendant, and the complaint along with a summonsis served on the defendant. The complaint explains why the plaintiff is suing the defendant and sets out the remedy (i.e. money damages, the return of certain property, or an injunction to stop the defendant from taki...
Defendant's Answer
- The defendant has a limited number of days (usually 20 to 30) to file an answer to the complaint. In the answer, the defendant will usually set out any defenses he or she plans to raise in response to the plaintiff's claims. For example, if the defendant wishes to argue that the plaintiff's suit is barred by the statute of limitations(meaning the suit wasn't filed within the time period allowed b…
Discovery
- After a lawsuit is filed, both parties can use the discovery processto gather information about the case. A variety of tools they can be used to investigate the facts and the other side's position, including: 1. Interrogatories(written questions that must be answered under oath, sent from one party to another). 2. Deposition (an in-person, out-of-court session where a party or a witness an…
Motions
- While discovery is going on (and after it has concluded), the parties will typically go before the judge and ask for different kinds of help (ordering the production of certain evidence, or the subpoena of a crucial witness, for example) and different kinds of relief, including motions for summary judgment, which can basically put an end to the lawsuit. (Note: Up to this point, we've …
Trial
- If the plaintiff and defendant can't reach a settlement, the lawsuit will proceed to trial, usually to be held before (and to be decided by) a jury, but sometimes before a single judge (this is called a "bench trial"). The basic process goes like this: 1. Jury selection takes place. 2. Each party offers an opening statement, explaining their side of the case. 3. Each side presents their evidence, an…
Judgment
- The judgmentis the court's official announcement of the decision -- who won and who lost. It also spells out what relief, if any, the plaintiff is given (usually that means a specific dollar amount).
Small Claims Courts
- Besides the standard civil lawsuit discussed above, in every state, there is the option of having certain disputes resolved in small claims court. These courts are designed to provide a more streamlined and cost-efficient path toward resolution of disputes where a relatively small amount of money is at stake. Each state has set its own ceiling for the dollar amount that can be at issu…
Pleadings
- Each party in a lawsuit files initial papers, known as “pleadings.” The pleadings explain each party’s side of the dispute. The Complaint: Litigation begins when the plaintiff files a complaint with the court and formally delivers a copy to the defendant. The complaint describes what the defendant did (or failed to do) that caused harm to the plain...
Discovery
- Thorough case preparation is critical to any successful litigation. Discovery is the method by which parties gather relevant information from each other or from third parties. Research of the law, document review and organization, and witness interviews help clients and their lawyers assess the merits of claims and defenses. The extent to which these and other steps are neede…
Trial
- At trial, the parties present evidence in support of their claims or defenses to a jury and/or judge. Trial:Immediately before trial, each party provides to the judge a document, called a “brief,” that outlines the arguments and evidence to be used at trial. Some trials, known as “bench trials,” do not involve a jury and are decided by the judge alone. Other trials are jury trials. In a jury trial, bot…
Appeal
- Following trial, a party dissatisfied with the result may appeal. During an appeal, a party asks a higher court to review the trial court proceeding. The parties present their arguments in briefs, which are submitted to the appellate court along with the record of evidence from the trial court. The appellate court usually reviews a case for legal error only. Except under unusual circumstan…
Alternatives to Litigation
- Alternatives to litigation usually save time and expense, but they may not result in a final resolution of the dispute. The desirability of these alternatives should be evaluated early to allow their timely implementation. Settlement: It is generally wise at the outset of any litigation proceeding to review the potential for an out-of-court settlement. Indeed, most matters settle be…
Teamwork
- A positive result in litigation is nearly always the product of teamwork. By using a team approach, clients and legal counsel can adopt the litigation strategy that best suits the clients’ risk tolerance and overall business objectives. Clients contribute by providing business expertise and knowledge of the facts. Legal counsel, meanwhile, provide expertise on the legal issues, the trial process, th…
About Us
- We hope you find this description of the basic litigation process helpful. Consistently ranked among the best in their regions of practice by leading legal researchers Chambers and Partners and U.S. News – Best Lawyers®, Stoel Rives litigators have experience with virtually all aspects of business litigation, including labor and employment, commercial contract, product and tort liabili…
Starting A Lawsuit: The Complaint
- Usually the first document filed in a lawsuit is the complaint (or petition), which provides an outline of the plaintiff's case against the defendant. The complaint is a document that identifies the parties involved, sets out the legal basis for the court's jurisdiction over the controversy, states the plaintiff's legal claims, and relates the fact...
Other Initial Court Documents: Summons and Service of Process
- The summonsis an order from the court where the lawsuit will be heard or "litigated." It notifies the recipient (the "defendant" in the case) that they've been sued, refers to the complaint or petition, and sets out the time limit within which the defendant must file an answer or seek to have the case dismissed. It will also describe the consequences of failing to respond in a timely manner: …
Answer to The Complaint
- The defendant's response to the complaint is called an answer, though some states use a different word for this document. The answer will address each paragraph in the complaint, and each response will ordinarily take one of three forms: "admitted," "denied," "insufficient knowledge to admit or deny." An answer may also set forth various affirmative defenses, which are legal rea…
Counterclaim
- If a defendant has his or her own claim against the plaintiff, one which arose out of the same circumstances as those that led to the complaint, it should be raised in the answer in a section titled "counterclaims." The counterclaim will be written in a manner similar to the complaint.
Reply to Counterclaim
- If a defendant asserts a counterclaim in the answer, the plaintiff may respond by filing a "reply." The reply will "admit," "deny," or assert that the plaintiff lacks information, just as the original answer did. The reply also may assert defenses, just as the answer did.
Cross-Claim
- Cross-claims arise when there are many parties to the lawsuit and two or more, who are "aligned" as plaintiffs or as defendants, have their own dispute arising out of the transaction or occurrence. For example, if Driver B and Driver C are sued by Driver A after a multiple-vehicle accident, and Driver C was actually injured by something Driver B did, Driver C might file a cross-claimagainst …
Answer to Cross-Claim
- The person being sued in a cross-claim will file an answer similar to the one filed after the original complaint. The defendant will want to consider the various defenses available to themwith regard to the claim.
Third-Party Complaint
- Sometimes a defendant who has been sued will have a legal reason for passing liability off to another person. A common example is a contract in which the third party promises to pay if you the defendant is found liable in a case. This person may be brought into the lawsuit if the defendant files a third-party complaint. Like the regular complaint, it will set forth the relevant fa…
Answer to Third-Party Complaint
- The person being sued through a third-party complaint must file an answer, similar to the one filed after the original complaint.
Starting A Lawsuit? Get Legal Help
- If you plan on starting a lawsuit, you should make sure you're positioned to win your case. Otherwise, why bother? Contact an experienced personal injury attorneywho can help you properly -- and effectively -- file the initial complaint and other court documents.
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