Lawsuits

A lawsuit begins with a complaint from a plaintiff seeking “equitable relief” or damages from one or more defendants. The complaint identifies the legal and factual basis for doing so. The clerk of the court signs a summons, which is then served on the defendant with a copy of the complaint. Once defendants receive a summons, they must file an answer with their defenses within a limited time, including any challenges to the court’s jurisdiction and any counterclaims. The defendants must respond to each allegation, denying it or pleading lack of sufficient information.

Next come initial disclosures of evidence by each party and “discovery”, the ordered exchange of evidence and statements between parties, based on what each expects to argue at trial. Discovery is meant to eliminate surprises and pinpoint what the lawsuit is about; in some situations a party will realize they should settle or drop the claim before wasting court resources. Pretrial motions may exclude or include particular legal or factual issues before trial. After discovery, the parties may pick a jury and have a trial by jury, or proceed as a bench trial heard only by the judge if the parties waive a jury. Each side presents witnesses and evidence, after which the judge or jury renders a decision. The plaintiff has the burden of proving its claims, and motions for summary judgment can be brought before, during, or after the presentation of the case.

Either party may appeal the judgment if their jurisdiction allows. The appellate court may affirm the judgment, refuse to hear it, reverse it, or vacate and remand (send the lawsuit back to the lower court to address an unresolved issue), or order a whole new trial. After final judgment, the plaintiff is barred under res judicata from bringing the same or a similar claim against the defendant again. If the judgment is for the plaintiff, the defendant must comply under penalty of law, usually a monetary award. If the defendant does not pay, the court has powers to seize assets within its jurisdiction, such as bank accounts, liens, and wage garnishment.