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If another person has injured you or someone owes you money and won't pay it, you may have to file a lawsuit in order to recover damages or get your money back. The steps in any lawsuit are fairly uniform.
Complaint and Summons
An attorney or pro se plaintiff begins a lawsuit by filing a complaint against a defendant and requesting service of a summons to the defendant. The complaint contains a short statement of the claim the plaintiff has against the defendant and tells what remedy (for example, money damages, the return of certain property, or an injunction to stop the defendant from taking certain actions) the plaintiff is requesting. The summons, which is either delivered or mailed to the defendant, gives the defendant notice that a suit has been filed against him or her. A copy of the complaint is attached to the summons so the defendant will know why the plaintiff filed the suit.
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 sets out any defenses that he or she might have to the plaintiff's claim. A defense might be that the defendant has already paid back the money owed to the plaintiff or that the defendant did not receive notice of the lawsuit. A defendant might also claim that the plaintiff's suit is barred by the statute of limitations, meaning that the plaintiff failed to file the suit within the time period allowed by law. If the defendant does not file an answer to the complaint, the court can enter a default judgment against the defendant. Where the defendant defaults, a judgment is entered for the plaintiff usually without having to prove his or her claim except for the amount of damages.
Counterclaim
If the defendant has his own claim against the plaintiff, the defendant would file a pleading called a "counterclaim." For example, if the plaintiff sued the defendant because of a car accident, and the defendant thought that the plaintiff was the one who caused the accident, the defendant would file a counterclaim against the plaintiff. A defendant might also file a motion to dismiss the plaintiff's complaint. Either party can file various other motions.
Discovery
After a lawsuit is filed, both parties can engage in discovery, a process for gathering information about the case. One party could send interrogatories or written questions to the other party, trying to find out more details about an accident, for example. Either party can also take the other party's deposition, which means asking oral questions that are answered under oath. Either party can also request the other party to turn over documents that are relevant to the case.
Jury Trial or Bench Trial
There is a right to a jury trial in many types of civil actions. If a jury trial is not requested, the trial will be held before a judge. A trial conducted by a judge without a jury is called a bench trial. Both parties present their evidence and call witnesses to testify. After all the witnesses have testified, the judge gives instructions about the law to the jury in a jury trial. The jury holds secret deliberations and reaches a verdict. In a bench trial, the judge considers all the evidence and reaches a decision.
Judgment
In a jury trial, the judge enters a judgment based on the jury's verdict. The judgment states what relief, if any, the plaintiff is given. In a bench trial, the judge enters a judgment based on his or her decision.
Motions After Trial And Appeals
The losing party can ask for a new trial and make other motions trying to convince the judge to change the judgment. Both parties have a right to appeal to a higher court if they think there was a legal error in the trial.
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