A lawsuit, otherwise known as litigation, is the process of getting a dispute resolved through the court system. It is the “default” system, meaning that unless the parties agree to resolve the dispute some other way, it will be resolved in court litigation. Here are several things you should know about the litigation process.
1. You can file a lawsuit against anyone for anything.
People often ask “can somebody sue something for this…” The reality is that anybody can file a lawsuit for anything – the court does not initially check to see if you have the authority or right to sue the other party. The question is whether that case will be dismissed or whether it can get all the way to trial.
2. You need to be prepared early.
Once a lawsuit gets filed, deadlines start to approach on a regular basis. Before filing your lawsuit, you should usually be sure to have any documents that prove your case available to give to the Court and to the Defendant. While this does not mean you automatically win, it will improve your case and chances of winning.
3. Different courts hear different kinds of cases.
Where a case can be filed might depend on the kind of case it is or how much money is at stake or where the parties are from. Federal courts can only hear cases based on federal law, unless the amount at issue is more than $75,000 and the parties are from different states. There are also special Federal courts for certain kinds of cases. If you are filing in State Court, the court you file in might depend on how much money is at issue – from District Court where the amounts are unlimited down to County Court and small claims courts for very small cases. In either Federal or State court, you also need to make sure you file in the right District.
4. If served with lawsuit papers, always file an answer
If you are served with papers for a lawsuit, you usually have 21 days to respond. The very worst mistake anybody can make in litigation is to fail to submit an answer (or to show up on the court date in county or small claims courts.) If you fail to respond or appear, you will have a judgment entered against you, and it usually cannot be removed even if the claim against you was false, as you will be deemed to have waived any of your defenses.
5. Your trial date could be a year out and could go longer!
In State District Court, the judges try to set cases to come to trial within a year of when they are filed. However, cases are often postponed, even at the last minute, because other cases scheduled by the Court for the same trial dates are given precedence or because of other delays.
If you are considering filing a lawsuit or have been served with one, please speak to an attorney to equip you to make the best decision for your case.
If you would like more information on the litigation process, check out our litigation podcast. To better understand the discovery process, check out our “Preparing for Deposition” podcast.
Sam Ventola has a wide variety of experience in litigation, legal education, and mediation. When he is not fighting for his clients in court, he loves to spend time with his family, especially his grandson, Jack.
Ventola Law serves the Denver Metro area including Arvada, Aurora, Boulder, Brighton, Commerce City, Castle Rock, Golden, Lakewood, Littleton and Arapahoe, Adams, Douglas and Jefferson Counties.