In addition to responding to each allegation in a complaint, an answer might also include counterclaims. When a defendant raises a counterclaim against a plaintiff, the defendant is Continue reading The Content of an Answer: Counterclaims and the Reply
Sometimes, when a defendant gets a complaint, the defendant wants to say: What happened to the plaintiff isn’t my fault. It is the fault of another party. The defendant might raise this argument as an affirmative defense, or the defendant might Continue reading The Content of an Answer: Third-Party Claims
Although there are those who would have you believe otherwise, the law simply does not provide a remedy for every type of grievance that can arise when there are enough people interacting with one another. However, that does not prevent people from starting lawsuits based on the most ludicrous set of facts. The fact is that you can start a lawsuit at anytime for anything, but that does not mean you will win that lawsuit. The first point at which a defendant can challenge the adequacy of a lawsuit is Continue reading The Defendant’s Response: A Motion to Dismiss
The Discovery stage of litigation is where the parties to a lawsuit expend the greatest amount of effort. Some commentators would say that discovery has Continue reading Discovery
Once the defendant receives a copy of the summons and complaint, the defendant is supposed to prepare, and then serve and file a document called an Answer. The answer is a rather simple document in which the defendant simply addresses each allegation in the complaint. The idea is for the defendant to Continue reading The Defendant’s Response: The Answer
The pleadings step is the first step or stage of litigation. It involves several sub-steps: (1) the preparation of a Continue reading An Overview of the Pleadings Stage of Litigation
When I use the term litigation, I am talking about a lawsuit or court case. No matter how complicated or simple the case, each piece of litigation involves basically the same set of steps. Even in settings which are not technically courts, such as administrative agencies, like the parking violations bureau,or an arbitration, the steps are largely the same.
Those steps are Continue reading An Overview of the Litigation Process