TABLE OF CONTENTS-
What Happens Next?
- GLOSSARY
- LEGAL TERMS
- AFFIDAVIT/DECLARATION
- AMENDMENT
- ANSWER
- APPEAL
- COMPLAINT
- CORPORATION
- COUNTERCLAIM
- DAMAGES
- DEFAULT JUDGMENT
- DEFENDANT
- DISINTERESTED ADULT
- DISMISSAL
- FILE
- GUARDIAN AD LITEM
- JUDGMENT
- JURISDICTION
- MEDIATION
- NOTICE OF APPEAL
- PARTY
- PLAINTIFF
- PLEADING
- PRIVATE PROCESS SERVER
- SECRETARY OF STATE
- SERVICE OF PROCESS
- SETTLEMENT
- SUBPOENA
- SUMMONS
- VACATE
A written statement of facts under
oath, by a party. Can also be referred to as a declaration.
Making a change in the complaint, answer
or countercomplaint.
Response filed by the defendant contesting
all or part of the plaintiff's claim and/or providing an affirmative
defense.
A request by either party to take a case
to a higher court for review. No new evidence may be introduced in the
appellate court. The reviewing court only considers whether errors
occurred during the prior proceedings.
The legal document, also known as a
pleading that initiates a civil lawsuit. It states facts and identifies
the action the court is asked to take.
A legal entity created under state law
most commonly intended to be in business.
A claim made by a defendant in a civil
lawsuit against the plaintiff, included within the Defendant's Answer
to the Plaintiff.
An amount of money that may be recovered
in the courts by any person who has suffered loss, detriment, or injury
through the unlawful act, negligence or intentional conduct of another.
When a defendant is in default, the court
enters an order in favor of the plaintiff. The court may in its
discretion overturn a default judgment.
The person(s) or other entity against
which a claim is filed.
A person age 18 or older who is not
involved in the case and is familiar with the rules of service to serve
a defendant.
The termination of a lawsuit. A dismissal
without prejudice allows the plaintiff the option to file again at a
later date. A dismissal with prejudice prevents the lawsuit from being
brought again in the future in any form.
To place legal documents in the official
custody of the clerk of the court to enter into the files or records of
the case. A legal document is deemed filed when date and time stamped
by the clerk.
A special guardian appointed by the court
to represent children or disabled persons during the course of
litigation.
A final determination by the court of the
rights and claims of the parties in the action, whether by default,
summary judgment, declaratory judgment, consent judgment or verdict.
The extent of the court's legal authority
in a specific geographical area to interpret and apply the law. Types
of jurisdictional power include subject matter, personal, territorial,
concurrent and appellate jurisdiction.
A form of alternate dispute resolution
where a neutral third party acts as an intermediary assisting
disputants to settle their dispute.
A filing made with an appellate court to
appeal a ruling made by a lower court.
A person, business, organization or
government agency actively involved in the prosecution or defense of a
legal proceeding.
The person(s) or entity filing a claim
against another person or entity.
A formal statement of facts and law,
generally written, propounding the case of action or the defense of a
legal case.
Private person who serves each defendant,
complying with all service requirements. Most courts and some sheriffs’
offices will provide a list, as well as the yellow pages.
The office in each state that provides
information regarding all businesses, including businesses with a
fictitious name that are registered to do business in that state. All
corporations conducting business in that state will have an agent for
service of process identified. Virtually all states have an Internet
website that can be used to look up businesses REGISTERED IN THAT STATE.
The act of providing an opposing party
with notice of a pleading or action to assure that the opposing party
is aware an action has been filed and is given an opportunity to appear.
An agreement between the parties disposing
of a lawsuit.
Order of the court requiring a witness to
attend and testify at trial.
The section of the Notice, Claim, and
Summons to Appear for Trial form that informs the Defendant when and
where to appear.
To set the judgment aside as if it did
not happen.
What Happens Next?
Once you serve the Defendant one of several options may unfold which will affect how you proceed.
- You may settle the suit out of court: Upon being served with a lawsuit some Defendants will opt to settle out of court. If you settle you must contact the court and fill out and file a dismissal form. If you settle after the Defendant has filed an answer to your complaint both parties must sign the dismissal form. Always collect the settlement amount before dismissing the claim or get a signed and witnessed document setting forth the terms of the settlement otherwise you may have to start the whole process over again.
- Default judgment: The Defendant has a specific number of days from the date of service, 20 days for example, to respond to your complaint. The 20 days, or specific number of days in your state, starts to run the day the Defendant receives the green postcard and signed for service by the sheriff or process server. If the Defendant doesn't provide an answer or respond by the 21st day the Defendant is in default. In some states you need only file a motion with the court and request a default judgment at a hearing. In other states you must send a form to the defendant stating that if no response is received within a specific number of days as specified by the local rules default judgment will be entered. You will still submit a form to the court requesting default judgment after the requisite time period. You should still appear at your hearing, whether or not the Defendant responds as the Defendant may appear at the hearing an excuse that you will have to oppose.
- Defendant counterclaims and you settle out of court: The Defendant files an answer with a counterclaim. This is a suit against you that involves the same incident or transaction as your lawsuit. Just as Defendant had a specific number of days to answer your complaint so you have to answer the Defendant's counterclaims or be in default. Settlement can occur at any time and you would be required to file the appropriate papers as set forth above.
- Defendant answers: Defendant answers within the requisite time period and no settlement is reached. The court will assign a trial date typically within 10 to 90 days from Defendant's answer depending on the jurisdiction. You will then prepare your evidence and have your day in court.
- Defendant answers and files counterclaim: If you respond within the requisite time period the court will assign a trial date typically within 10 to 90 days from Defendant's answer depending on the jurisdiction. You will then prepare your evidence and have your day in court.
You can always settle your case right up to the trial date and in some cases even afterwards. You may also want to explore mediation as an alternative.
You have filed your complaint, the Defendant has answered and you have a trial date set. Now it is time to start organizing your evidence and locating your witnesses to prepare for trial. Check out Part 3 of our series, Making The Most Of Your Day In Court.
