Frequently Asked Questions
Litigation
- What is a complaint?
- What is an answer and counterclaim?
- What is discovery?
- What is a motion for summary judgment?
- What is a hearing?
Litigation
This is the first document filed in the litigation process of a civil case. It tells the defendant, or the “answering party,” the basis of the plaintiff's claim. It gives notice of what the dispute is about to the various parties and to the court. The complaint must be properly served for a court to succeed in having jurisdiction over a case and a defendant. Improper service is grounds for dismissal of a complaint.
Once a complaint is properly served, the defendant must take some action within 20 days of service. This action may be the filing of a motion to dismiss, or to strike, or for a more definite statement, or may be an answer. An answer admits or denies each of the plaintiff's allegations in the complaint and sets out affirmative defenses that the defendant may have. The defendant may also include counterclaims in the answer, which sets out the defendant's claims against the plaintiff. The counterclaim is the defendant's complaint against the plaintiff and must meet the same requirements as a complaint.
Discovery is a step of the litigation process usually done after the complaint and answer have been filed. This process is designed to inform all parties of all evidence that may be presented at trial. There are five main discovery tools for obtaining information or evidence: request for admissions, request for production of documents, request for written interrogatories, depositions, and subpoenas. In most cases, the opposing side will object or fail to provide the requested information. When the other side fails to comply with a discovery request, the three enforcement tools usually used are motions to compel discovery, motions for an order to show cause, and motions for contempt.
After discovery either party may make a motion for summary judgment. This means that the party making the motion believes that there are no genuine issues of fact; therefore judgment should be decided in their favor. At that point, the judge can grant judgment in either party's favor. If the judge grants summary judgment, the case is resolved. If summary judgment is not granted, this means that there are issues of fact for a jury to decide and the case proceeds to trial.
Either party in a lawsuit may file various motions at various times during the litigation process. Some of the most common motions are motions to dismiss and motions for summary judgment. When a party files a motion, they have to set it for hearing. At the hearing, the judge decides the motion after each party presents its side. At this time the judge will issue an order granting or denying the motion.