If you have been sued, this can be an emotionally trying time. It's important as the defendant to get the best legal advice possible to help you win your case. It's ideal to rely on the expertise of a civil litigation attorney that can help you through this challenging ordeal. Knowing the ways this legal expert can assist you in defending your case can be helpful if you are faced with this unfortunate situation.
Answer the Complaint
As the defendant, it's necessary for you to either admit or deny the charges that have been filed against you. There is a deadline when this must be completed and it's 30 days from the date you received the complaint.
Your civil litigation attorney can review the legal action against you, listen to the details you provide about the case and draft up a response for you.
Gather the Evidence
The time to prove your innocence is during the discovery stage of civil litigation. There are four parts to this critical part of the lawsuit and you should work to prove your case at this time.
Listed below are the four parts of discovery:
1. Written interrogatories – You may be required to answer a number of questions regarding the details of the case.
2. The deposition – This is the time you are required to meet with the plaintiff's attorney one-on-one and provide responses to any questions you are asked.
3. Request for admissions – There will be certain things you should either admit or deny and this could shorten the length of time of a trial.
4. Request for production documents – Submitting written documentation of your innocence should be done at this point.
Attend the Mediation
The court requires you and the plaintiff to meet to work towards a settlement agreement. This is referred to as the mediation, and there will be a mediator present to help negotiate this settlement.
Represent you in Court
If you are unable to settle the dispute on your own, you will be required to go to court to do so. Your civil litigation attorney will be by your side and will represent you in the courtroom.
Finally, being a defendant in a legal action is never an ideal situation. However, with the right civil litigation attorney, you can have the legal guidance you need to support you and fight for your legal rights at this time. Talk to experts like Halverson & Sheehy, PLLC for more information.