Beruflich Dokumente
Kultur Dokumente
Who's Who
The person who starts a lawsuit is called the plaintif. The person who has
been sued in the lawsuit is called the defendant. Learn more about
the Parties in a Civil Lawsuit.
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 will usually set
out any defenses he or she plans to raise in response to the plaintiff's claims.
For example, if the defendant wishes to argue that the plaintiff's suit is
barred by the statute of limitations (meaning the suit wasn't filed within the
time period allowed by law) the answer will state that argument.
If the defendant doesn't file an answer under the deadline set by the court's
procedural rules, the court will usually enter a default judgment in favor of
the plaintiff. This means the plaintiff wins automatically, without having to
prove the defendant did anything wrong. But the defendant can also come
before the court and ask that the default judgment be "set aside" so that the
lawsuit can proceed on its merits.
If the plaintiff and defendant can't reach a settlement, the lawsuit will proceed to trial,
usually to be held before (and to be decided by) a jury, but sometimes before a single
judge (this is called a "bench trial")
Discovery
After a lawsuit is filed, both parties can use the discovery process to gather
information about the case. A variety of tools they can be used to investigate
the facts and the other side's position, including:
Have a legal question?
Get answers from local attorneys.
It's free and easy.
Ask a Lawyer
Requests for Production (usually this involves the parties asking for
and exchanging documents that are relevant to the dispute).
Motions
While discovery is going on (and after it has concluded), the parties will
typically go before the judge and ask for different kinds of help (ordering the
production of certain evidence, or the subpoena of a crucial witness, for
example) and different kinds of relief, including motions for summary
judgment, which can basically put an end to the lawsuit.
(Note: Up to this point, we've covered the basics of pleadings and motions in
a typical lawsuit before trial. Get more details in our companion
article Pleadings and Motions in a Civil Lawsuit.)
Trial
If the plaintiff and defendant can't reach a settlement, the lawsuit will
proceed to trial, usually to be held before (and to be decided by) a jury, but
sometimes before a single judge (this is called a "bench trial").
The basic process goes like this:
Each side presents their evidence, and calls witnesses to testify. The
plaintiff goes first. Each side also has the opportunity to question
witnesses called by the other side (this is called "cross-examination").
Once all the testimony and evidence has been offered, each side will
make a closing argument.
In a jury trial, the judge gives instructions to the jury regarding the
applicable law and the evidence that may be considered.
In a bench trial, the judge considers all the evidence and makes a
decision.
Judgment
The judgment is the court's official announcement of the decision -- who
won and who lost. It also spells out what relief, if any, the plaintiff is given
(usually that means a specific dollar amount).