Saturday, March 19, 2011

Stages Of A Complaint

The initial phase of a lawsuit is a complaint, after which the response of the defendant, in which he is trying to combat all needs. Subsequently, the respondent may make a counterclaim. Counterclaim shall have the right stuff in question, the defendant has a complaint against the applicant. Then there may be a preliminary motion, that result may be due to the dismissal of a legal requirement, which is based on the transformation of a complaint or a paragraph of summary, the decision may be based on facts which are not disputed.

In the middle of the process is under investigation, in which each party seeks to discover how strong his case. Discovery phase includes interviews, depositions, and admissions. At this point, most of the cases were settled.

The final phase of a trial is the trial, beginning with a pre-trial in which the parties attempt to settle before a judge without going to court. The trial then proceeds with the tests, then stop and perhaps a later statement. The post-sentence may be a new trial is necessary, as in the case of a mistrial.

The defendant is generally entitled to a claim for a certain period. Appeals must be filed as briefs, arguments, and then a decision.

Sentence is carried out first to obtain the implementation of that freezes property of the defendant. The defendant is served and the funds collected. The defendant may choose bankruptcy protection, which all creditors are stopped, including judges.

Action

There are two types of resources: The law and equity. legal remedies are based on money and seek financial compensation for an injury occurred. equitable remedies require specific performance. Examples of equitable remedies are injunctions, restitution and reform. In cases where damages are difficult to quantify, equitable remedies may be more appropriate.

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