What to Expect From Your Lawsuit

As attorneys we often take for granted what is commonplace to us, but can be so confusing to our clients. One of the things that lawyers view as fundamental that most clients simply do not understand is the actual procedure lawsuits follow.  Here is a helpful primer:

Pleadings Allowed

• A civil action is commenced by filing of a complaint.

• A defendant has 35 days in which to answer upon service of the summons and complaint.

  • Defenses must be set forth in the answer

  • The following defenses, may at the option of the pleader be made by motion, with briefs: (a) lack of jurisdiction over the subject matter, (b) lack of jurisdiction over the person, (c) insufficiency of process, (d) insufficiency of service of process, (e) failure to state a claim upon which relief can be granted, (f) failure to join a party without whom the action cannot proceed.

• If a motion is made raising any of these defenses, it shall be made before pleading if a further pleading is to be made.

• Interrogatories

  • Prescribed forms for claims involving property damage to automobiles and in all personal injury cases other than wrongful death, toxic torts, cases involving issues of professional malpractice other than medical malpractice, and those products liability cases either involving pharmaceuticals or giving rise to a toxic tort claim

  • Ten (10) supplemental questions permitted where form discovery is required.

• Requests for Production

• Requests for Admissions

• Depositions

• Independent Examinations/Evaluations

• Time to complete is dependent on type of case and ranges from 150 – 450 days; the usual tort case has 300 days of discovery from filing of first answer.

There is no such thing as a bad question when it comes to addressing your personal injuries and your rights. Contact us at Verp & Leddy to discuss your case today.