How to Start a Lawsuit the Right Way
If you’ve been wronged by someone and are looking to take legal action, you need to know how to start a lawsuit the right way with the help of Grand Rapids Attorneys. There are certain steps that must be followed in order to make sure your case is handled correctly and has the best chance of success.
The first step in filing a lawsuit is to draft a complaint. This document should outline the nature of your grievance and list the specific damages you are seeking. Once you have drafted your complaint, you will need to file it with the clerk of court in the jurisdiction where the defendant resides or does business. You will also need to pay a filing fee, which can vary depending on the type of case and the jurisdiction.
After your complaint has been filed, the court will issue a summons. The summons must be served on the defendant within a certain period of time, typically 30 days. The summons will notify the defendant that they are being sued and inform them of their right to respond to the complaint. If the defendant fails to respond within the specified time period, they may be subject to a default judgment.
Once the defendant has been served with the summons and complaint, they will have an opportunity to file an answer. In their answer, the defendant can admit or deny the allegations made against them. They can also raise any defenses they may have to the claims being made. Once the answer has been filed, discovery can begin.
Discovery is the process through which each party gathers information and evidence from the other side. This can be done through written questions (interrogatories), requests for documents, and depositions (oral testimony). The purpose of discovery is to allow each side to fully understand the case before going to trial.
After discovery has been completed, the next step is to file pretrial motions. These are requests made to the court asking for a ruling on various issues before trial. For example, a motion might be filed to dismiss the case entirely or to exclude certain evidence from being used at trial. Pretrial motions are typically filed by the defendant, but can also be filed by the plaintiff.
If all pretrial motions are denied, the case will go to trial. At trial, each side will present their evidence and arguments to a judge or jury. The judge or jury will then make a decision in favor of either the plaintiff or defendant. If the plaintiff prevails, they may be awarded damages (compensation for their losses).