Steps and Process on Filing a Lawsuit

There are typically 5 steps to file a lawsuit in a federal court.

Step Number one

The first step is the application of the complaint by the plaintiff to the local court. As the matter becomes a lawsuit, the process is now called as a litigation. The complaint that is filed by the plaintiff is then served to the defendant.

Step Number Two

The next step of the lawsuit process is that the defendant is given a specified time to answer the complaint,by filing a reply in court. An answer that is filed is a document that must respond to the specific allegations contained in the complaint. The document must also be filed under the same court where the complaint has been filed.

Step Number Three

Third step is known as the Discovery process. The discovery process allows the plaintiff and the defendant to request needed information that includes answers to documents and questions. These requests comes in the form of admissions, interrogations, and production. When a party fails to respond to the discovery process, this can result to severe legal consequences that greatly affects the course of the lawsuit. In this case, the opposing party can file a Motion to Compel. When a Motion to Compel is filed, the judge is asked to enforce the discovery against the opposing party.

Step Number Four

In the fourth step, motions are filed in the court. These motions include Entry of Default, Motion to Dismiss, Motion to Compel, and Summary Judgement.


Step Number Five

In the fifth and final step, a lawsuit proceeds into a mediation where a settlement between the two opposing parties may be hopefully reached. In case a settlement is not reached or the mediation is unsuccessful, the court goes into trial. In trial, the judge and juries will make a decision or ruling depending on the evidence and argument of both parties.

After the judge  makes a judgement, the loosing party will pay for the cost.

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