In conversations with clients, we have found that people become more comfortable when they understand what to expect from the process. With that in mind, here are some terms that you may encounter when engaged in civil litigation.
- Complaint. As civil litigation attorneys in Rapid City, we can file a complaint (lawsuit) on your behalf. This is a written document that sets forth your allegations (i.e., how you were wronged or injured and the remedy you are asking for). It is signed and filed with the court and formally served (e.g. delivered by a Sheriff) on the person(s) you are suing.
- Plaintiff. You are the plaintiff if you are the one suing someone else. For example, if you were injured due to a defective product and wanted to sue the company that made it, you would be the plaintiff.
- Defendant. The defendant is the person or business you are suing, or against whom the lawsuit is being brought. In some cases, like the example above, there may be multiple individuals or companies that contributed to what happened or are at fault. We will help you identify them to make sure that the appropriate individuals or companies are included in the suit so that the appropriate individuals or companies are held accountable and you receive the financial compensation needed to compensate you for your injuries.
- Mediation. Basically, a mediation is when the two parties in the lawsuit hire a neutral third party to assist them in negotiating in an effort to reach a settlement. There are times where mediation can be helpful. For example, mediation allows the parties to often get the case resolved sooner, avoids the risks inherit with any trial, and avoid the additional costs that will be incurred at trial (e.g. expert witness fees). Most mediations are non-binding; therefore, if the final offer proposed by the opposing party is insufficient, you have the ability to decline the offer and proceed to trial.
- Hearing. Before the actual trial, the attorneys for the parties may appear before the Judge and submit oral argument concerning a motion or other matter and respond to any questions from the Judge. The Judge may issue an oral decision that day, or take the matter under advisement and issue a Memorandum Decision or Order at a later date.
- Discovery. As civil litigation attorneys in Rapid City, we use discovery to “discover” facts and documents that might be helpful or harmful to your case so that we know all of the facts relevant to the lawsuit when we go to trial. Discovery typically consists of sending the defendant interrogatories (a list of questions that need to be responded to under oath), requests for production of documents (written requests for documents, or to inspect things), requests for admissions (written requests asking the opposing party to admit certain facts relevant to the lawsuit), and depositions (an individual is placed under oath and questioned by an attorney in the presence of a court reporter). As is readily apparent, the information obtained through discovery can be very critical in building your case.
To learn more about the legal process or to discuss your case in detail, schedule a consultation.
