Filing a LawsuitFiling a Lawsuit

Filing a Lawsuit is the process of taking legal action to settle a disagreement. A lawsuit operates under an adversarial system where both parties present their case to a judge or jury. Common reasons to file a lawsuit include contract claims or disputes, personal injury, employment or property matters.

Typically, the first step in a lawsuit is to send the other party a demand letter. This is an attempt to resolve the issue before it goes to court and save everyone time and money. If a request for resolution is not met, the next step in the litigation process is to file a complaint.

Filing a Lawsuit: A Step-by-Step Guide

A complaint is the initial pleading in a lawsuit that states what harm occurred to the plaintiff and describes a legal basis for holding the defendant responsible for the harm. The court also issues a Writ of Summons for each defendant to appear in court. The summons includes the date, time and location of the trial.

The defendant then has the opportunity to respond to the complaint with a counterclaim. For example, let’s say Joe Blow has a tiger at his dance studio that is starving and living in a cage too small for it. The plaintiff could sue under the Endangered Species Act and asks the court to order that the tiger be moved to a zoo.

The defendant may also file a third party complaint, which is an opportunity to join another person or entity that is not a named defendant in the case with the belief that they might be liable for some or all of the damages claimed by the plaintiff. The defendant can also submit a motion for summary judgment, which is a request that the judge dismiss the case due to lack of evidence or error.…