Filing the Petition | The Discovery Process
Perhaps you’ve been hurt in an accident because of the carelessness of another person. Maybe your marriage is failing, and your only recourse is divorce, or you’ve entered into a contract, but the other party has failed to meet the requirements of your agreement. To protect your interests, you need to take legal action. What will that look like? What can you expect as your lawsuit moves forward?
Filing the Original Petition
Every civil lawsuit, including personal injury claims, divorce actions, and business disputes, begins when one party files a petition in court. Many refer to this as a complaint. Your attorney will gather extensive information from you and may even hire an investigator or take other steps to gather additional evidence to support your claim. Your complaint must be filed within a certain period of time, as set forth in the statute of limitations. This will identify the parties involved, state the relevant facts, and ask the court for some form of relief or outcome.
Once the petition is filed, it must be delivered to (“served” on) the defendant, or respondent (the person or entity from whom relief is sought). Once this has been served in compliance with court rules, the defendant has a certain amount of time to file an answer, either agreeing with or denying each allegation made in the complaint. The answer must be filed within a specific period of time or else the party who filed the complaint may seek what is called a “default judgment.”
The Discovery Period
Once a petition and answer have been timely filed, and if the parties are not ready to settle, the discovery process begins. “Discovery” is a legal term for the process of gathering evidence. The court will identify the length of time the parties will have to complete discovery and may set limits on certain types of discovery.
There are generally three ways that parties obtain evidence:
- Depositions—A deposition is the in-person questioning of a party or witness for the purpose of gathering evidence for trial. A court reporter is present at the deposition, and a videographer may also be there.
- Admissions/Interrogatories—These are written questions from one party to another. The court may set limits on the number of interrogatories and may require that the written answers are submitted within a specific period of time.
- Requests for Production—Either party may request to see physical evidence that will potentially be used at trial. That may include documents or physical objects.
Contact The Loftin Firm for Experienced and Aggressive Trial Counsel
Good results don’t just happen. They’re a product of experience, skill, knowledge, and hard work. That’s the advantage you’ll get with The Loftin Firm. Over the past quarter of a century, attorney Trey Loftin has represented individuals and businesses in a wide range of legal proceedings. He can anticipate the arguments of opposing counsel and take the necessary steps to protect your rights.
Contact The Loftin Firm online or call attorney Loftin at 817-441-8933 to set up an appointment. There is no cost or obligation for your first meeting.
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