A lawsuit is a formal proceeding in which a plaintiff seeks compensation for some type of harm. A judge or jury decides whether a defendant is legally liable. If so, the court will determine what the plaintiff is entitled to, in most cases monetary compensation. However, in some cases, a plaintiff may seek equitable relief in the form of non-monetary compensation. Here are a few important steps to take during a lawsuit. Listed below are the most common legal procedures.
During the litigation process, the plaintiff presents evidence that supports their claim against the defendant. The plaintiff may plead for monetary or equitable relief, and if the court rules in the plaintiff’s favor, the defendant will be required to compensate them. The defendant, on the other hand, explains why the plaintiff should not win, including any additional facts, affirmative defenses, or excuses that they believe will invalidate the claim made by the plaintiff.
The vast majority of state court documents are not filed with the county clerk. These documents include the Bill of Particulars, which details the plaintiff’s injuries and includes medical records, witness lists, letters between attorneys, and settlement agreements. In addition to these documents, the “public” version of the lawsuit will also include initiating papers and ending papers, or Stipulation of Discontinuance. While these documents may be public, they may contain private information and should not be released to the public.