What Are Your Legal Rights After Getting Sued? Find Out Here
Unfortunately for some individuals and businesses, there may come a time when you are sued by another person or company. These types of cases are referred to as civil lawsuits which may involve disputes over breaches of contract and personal injuries.
The process of getting sued and possibly having to pay compensation can be a very stressful and costly affair, which is why it’s vital to know your legal rights after someone makes their intention to sue clear.
The article below gives a run through the legal rights and procedures everyone is subject to when getting sued in a civil court.
Motion to Dismiss
Early on in a lawsuit, the defendant has the legal right to file a motion to dismiss due to a problem with the complaint issued by the plaintiff. The experts at findlawyer247.com provide in-depth information on possible defects that can be found with a complaint which will lead to it being dismissed by a judge. There are two common defects in civil cases that can result in dismissal, which are lack of jurisdiction and failure to state a cause of action.
Lack of jurisdiction refers to a particular court being unable to hear a case because it’s outside of their remit, whilst the failure to state a cause of action relates to the plaintiff being unable to provide evidence of legal wrongdoing by the defendant.
Motion for Summary Judgement
A motion for summary judgment can be filed by either party, however, the party filing must be able to prove that there is no dispute surrounding the facts, and the party filing the motion is entitled to win due to what is stated in the law.
Mediation
Oftentimes in civil cases, the defendant and plaintiff will follow a process of mediation where the two parties negotiate a settlement with the assistance of a neutral third party.
Both parties will sometimes choose to enter mediation to avoid costly and time-consuming court proceedings, other times mediation may be ordered by a judge. An example where mediation has been used for years as a means of finding a cheaper, fairer, and faster resolution includes animal or child custody disputes during divorce proceedings.
The Right to a Court Hearing
In every civil case, both the defendant and plaintiff have the right to a court hearing with a judge present. Most cases rarely involve only one hearing and indeed the parties involved will likely have to attend a series of hearings before a trial can occur, these include hearings related to evidence, motions, and scheduling.
The Discovery Process
Before a trial can take place, both parties must go through a discovery process where all relevant documentation, evidence, and information are shared. This process can be contentious so it is governed by federal or state regulations on civil procedure, however, sometimes one party may be unwilling to share the information which is when the judge will step in to resolve the dispute.
The discovery process involves several different forms, although the main types are depositions, document requests, and interrogatories which will be discussed more below.
Deposition Interviews
During depositions, both parties must put forward witnesses including themselves to be interviewed under oath with a court reporter and attorneys present.
The main reason behind carrying out depositions is to collect information related to the case and to record the testimonies of witnesses. If witnesses subsequently alter their testimonies then an attorney can request for them to be impeached due to inconsistencies in their statements.
Documentation Requests
Throughout the discovery process, both parties have the legal right to request relevant documents from the opposing side. To avoid further disputes and to protect both parties’ rights, the type, form, and timeline for the delivery of documents that can be requested are governed by the rules of civil procedure.
Interrogatories
During the discovery process, both parties can send a series of questions to each other which are required to be responded to honestly and under oath. The point of interrogatories is to gather information and record testimonies.
The Selection of a Jury
Cases that involve monetary compensation are usually tried before a jury of between 6 and 12 jurors selected from voter registration lists at random. Before the trial attorney’s from both sides have the right to ask each juror questions to ensure they can judge the case impartially, which can lead to some jurors being removed and others selected until the attorneys are satisfied the case will be heard impartially.
The Right to a Trial
Once the discovery process and jury selection are finished, the case will go to trial where all the evidence and witnesses are examined and cross-examined before the jury makes a decision.
The decision can be appealed at a higher court if either party believes a mistake was made in the hearings, trial, or judgment in the lower courts.
Being sued is an incredibly frustrating and stressful time, however, if you are being sued you must be familiar with the procedure and your legal rights.
