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The legal system can be overwhelming and confusing. It takes understanding of the process in getting your disputes settled properly. There are several aspects to a lawsuit.
First, an experienced attorney such as the Law Offices of Allan A. Field, will ask you about the facts of your case. This will take time. You will be interviewed and asked to provide documents about your case. They will be reviewed and analyzed.
Sometimes, the attorney may need to subpoena records from doctors, dentists or other agencies to get the records. This is called a subpoena deuces tecum.
If it is a personal injury matter, you may be asked to undergo an IME (Independent Medical Examination) to determine the extent of your injuries and your ability to recuperate to 100 percent.
Many offices work with qualified paralegals who assist in the fact finding and motion drafting aspects of the matter, but it is the attorney who directs the paralegal.
Once most of the facts are gathered, the facts will determine your standing, jurisdiction and type of lawsuit your attorney will file.
Standing means are you the correct person to bring a lawsuit. Jurisdiction means where the lawsuit can be heard. Personal and Subject matter jurisdiction are determined from the facts and the laws that cover those facts. Once these are ascertained, a lawsuit can be filed.
The lawsuit is called a Complaint. In the Complaint, the defendants are named, a brief statement of facts are presented and the laws stated that are applicable to the facts. The Complaint is accompanied by Points and Authorities. This document states previous cases that have determined the outcome of cases like yours in the past. Our legal system is based on stares decisis which means that which comes before. Cases are called precedent. Cases, codes, regulations, and laws are argued in the courts to assist judges and juries in determining the outcome of a lawsuit.
The Complaints can be filed in completed forms or on pleading paper. There are local rules that govern how a document can look on the paper. There are certain font sizes and types that are allowed as well as where certain headlines are placed on the paper.
Today, many complaints are filed on-line. This has cut down the amount of paper that passes through the court system and makes filing more efficient and economical. It also affords an already prepared digital storage unit of the file. In the past, paper files had to be scanned then archived
In some courts such as Probate and Family Law the lawsuit is called a Petition. It works just like the Complaint, but calls for additional information such as an accounting of assets to determine the worth of an estate or the amount of child support that may be award on of the parents.
Another consideration is whether the matter will be heard in State or Federal Court. Cases such as maritime and bankruptcy are always heard in federal court. State court has a civil and a criminal section. Civil court has Small Claims, Limited Jurisdiction and Unlimited Jurisdiction. Which civil court you file in is determined by the amount of damages. Small Claims is under $10,000. Limited Jurisdiction is up to $25,000 and Unlimited Jurisdiction is over $25,000.00
The filing fees and court costs increase as you move up the court system. Some jury trials start with a $10,000 court cost and fees and attorney's fees go up from there.
Once the Complaint or Petition is filed with the court clerk, the documents have to be served on all parties connected to the matter. A hearing date is set and that notice is sent out by the attorney to discuss the case.
Both side, plaintiff and defendant, Petitioner and respondent have an opportunity to conduct discovery. This is where the parties learn more facts. You may be asked to answer form interrogatories or special interrogatories.
Another type of fact finding method is called a deposition. This is a recorded oral examination conducted by either side of any member of the case.
After depositions are completed all discovery reviewed, the attorneys will conduct a settlement meeting in an attempt to agree upon a compromise without the need of a trial. This does not always work, but many times it does.
Working with an experienced attorney such as the Law Offices of Allan A. Field, will help you steer the course of the legal system.