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What Steps Do I Need to Take to File a Lawsuit?

What Steps Do I Need to Take to File a Lawsuit?

What Steps Do I Need to Take to File a Lawsuit?

Are you a victim of an abusive relationship?  Do you want to sue for child custody rights?  Filing a lawsuit may sound like an intimidating process that may make you question whether to go through with it or not.  As a family law practice in Winter Park, we urge victims to come forward to get the justice, compensation, and treatment that they deserve from the defendant.  These are a few steps that you need to take to file a lawsuit.

File a Complaint

When you want justice to be served and legal action to take place, you, as the plaintiff, will need to first file a complaint.  Typically, you will file this complaint by filling out paperwork with your local court.  This will officially begin the litigation of your complaint.

Defendant Is Served

We’ve all heard the phrase ‘you’ve been served’ and it comes straight from the legal process.  Once you file a complaint, the defendant that you are filing against will be informed of the complaint.  They will be served paperwork by a professional in the legal system.  

Defendant Responds to Complaint

After being served, the defendant has a specific period to answer or respond to the complaint.  This must be done in writing by filling out certain forms to let the courts know about their stance.  They may file a Motion to Dismiss or an Answer form to respond appropriately depending on their stance towards the matter.

Discovery

Each party will be able to request information pertaining to the case.  This information will be collected as evidence, and it is typically documentation of conversations, interrogative information collected by attorneys, or other evidence to support their stance.  You may need to submit information to the other party as they request it.  These requests are broken down into a few categories:  Admissions, Interrogatories, and Production.

Response to Discovery

During the discovery process, it is imperative for both parties to respond to the requests made by the other parties.  If they fail to do so, or they fail to do so in the required time limits, they may suffer severe legal consequences.  There are many different steps that can then be taken to get the information you need or involve the courts in the discovery process.

Mediation or Court Proceedings

To negotiate the terms of the settlement and reach closure on the lawsuit, you will want to proceed to mediation or court.  Typically, these matters can be settled in mediation to avoid lengthy and expensive court proceedings.  Mediation also requires both parties to participate and reach a compromising settlement, which may be difficult in some cases.

These are a few of the important steps in the legal process.  Understanding these steps will prepare you for the lawsuit that you are filing with your family law practice in Winter Park.  To hear more about our legal services, contact Frank Family Law Practice to book your consultation with our expert family attorneys today.