In the case of civil litigation and lawsuits, there are many things that need to be addressed and considered before an actual lawsuit can be claimed. Lawsuits can prove to be complicated matters, and certain provisions must be adhered to in order insure that matter at stake is assessed accordingly.
Lawsuits are considered to be officially levied when the plaintiff files the appropriate documentation with a particular court’s clerk office. However, there are preliminary matters that must be considered in order have lawsuits appropriately prepared. Some preliminary matters that attorneys must address may include:
• 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.