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The Process of Preliminary Matters

The Process of Preliminary Matters

In
the case of civil

        
Whether or not there is a legal basis for the lawsuits

        
Who is available to be sued

        
Which venue and jurisdiction of the courts is the lawsuit to
be heard

        
Whether or not the statute of limitations has expired as
dictated by law

        
Whether there is any administrative agency to must be
consulted before filing the lawsuits


Though some of the preliminary matters in lawsuits seem to be commonplace in
terms of logical procedure, it is important to place particular attention to
the statue of limitations in lawsuits. Statutes of limitations are laws that
provide for certain deadlines or expiration dates for filing lawsuits. Certain
lawsuits must be filed within the allotted time after an event has occurred,
which is considered to be the source of the claim. Statutes of limitations will
vary depending on the nature of the matter at hand, as well as the provisions
provided by state laws. Statutes of limitation will be different depending on
the state. Concurrently, statutes of limitations will also vary on the nature
of the lawsuits. For example, a misdemeanor crime must be prosecuted within two
years that such action was committed. If a person is prosecuted for misdemeanor
crime that occurred five years ago, the lawsuit will be thrown out, for the
statue of limitations have expired, and such an individual can not be
prosecuted for that particular crime. Also, certain legal contracts may also be
subject to statutes of limitation. Preliminary matters can also involve
intensive research to be conducted by the attorneys that is necessary to
determine the best course of action. This may include the research of
applicable laws and provisions, related cases, and the analysis of court rules.
In certain lawsuits, locating witnesses that are crucial to the case may also
be the attorney’s responsibility.

Once the attorney has considered the pertaining appropriate preliminary matters
of lawsuits, then the actual filing of a suit can be carried out, which is
followed by the pleadings state. Barring the case that the parties do not file
for pretrial motions, they
would begin the discovery, which is the process by with each side attempts to
gather as much information as possible regarding the case and the opposition’s
stance. After the review of the facts and evidence rendered by the discovery,
both parties may enter a negotiation for settlement, the court may dismiss the
lawsuit, or trial is set to begin.

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