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General Litigation Pleadings (Notice of Posting Jury Fees, Deposition Notices, etc.)

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General Litigation Pleadings

The court of law is a world of its own with its specific jargon, proceedings, and protocols. If you are getting ready for your first lawsuit, you must be up to speed on the basic rules and processes of the court. This knowledge will help you prepare for what is to come and have an idea of the next steps throughout your litigation process. We know that your attorney will surely guide you through the motions and this article will outline the different types of pleadings, how they come about, and what to expect after making your plea.

First, Let’s Define Pleadings

Pleadings contain the position of each party involved in the case. The most common type of pleading is in the form of a filed complaint with the court which states the injustice that was received by the offended party. After the initial pleading has been made by the plaintiff, the defendant has three of the following ways to make a pleading:

General Litigation Pleadings

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Answer

An answer is a simple statement that gives the defendant’s point of view. This is their chance to defend themselves and explain why the plaintiff is wrong or shouldn’t win the case.

Reply

Replies may be filed by both parties after the initial pleadings have been made. Usually, this reply will address allegations made during the pleadings.

Counterclaim

Sometimes the defendant may also feel unjustly treated or harmed by the plaintiff and may file a countersuit. This is normally a way to “get back at them” with a lawsuit against them. Sometimes counterclaims are included with the defendant’s answer or filed separately, depending on the allegations.

Motions

After both parties had the chance to state their positions, the court is then tasked with a legal decision, which is also known as a motion as outlined below:
Motion To Dismiss
Sometimes a case is dismissed when there isn’t enough evidence to prove an allegation or when there isn’t enough legal reasoning to move forward to a trial.
Notice For Depositions
If the stated allegations have a sound legal basis, the judge will then have to decide whether to allow time for investigation and gathering of more evidence. This is often termed as deposition discovery which involves gathering police reports, medical records, visual artifacts, and witness testimonies. 
Motion For Summary Judgement
This motion is a pre-trial analysis of the case that is provided by the judge which states if it is valid enough to bring to trial. It also outlines the possible implications and results of the trial. During this motion, the facts of the case will be compared with the law to identify what was violated and if justice needs to be served.
General Litigation Pleadings
Pre-Trial Conferences
After the initial round of pleadings has been made, the judge then sets aside time to meet with lawyers to set a timeline for pre-trial activities that include deposition discovery, subpoena, and general litigation preparations. During this time, a date for the trial may be set and adjusted as the pre-trial activities proceed.
Notice of Posting Jury Fees
During this management conference, it is common that the notice of posting jury fees is paid. This payment is due from the plaintiff filing the lawsuit. If the defendant files a counterclaim, they may be obligated to pay this fee as well. This allows the court system to begin summoning jurors to hear their cases.
Jury Pool
The jury is summoned in a pool that varies in size, depending on the case and state where the lawsuit is taking place. This pool is selected randomly, allowing six to twelve people to be selected by the attorneys for the trial hearing.

Trial

The trial is the official step of the litigation process where both parties get to come forward with their arguments. Both parties and their witness are cross-examined with the jury present. The length of the trial depends on the case and the amount of evidence and witness that are available. After all the evidence and witness statements have been examined, the jury then deliberates on their verdict and provides it to the judge for the final decision.

Finishing Thoughts

The litigation process may be difficult and confusing, especially for those who have never had experience with this legal process. This article outlined the steps to expect from the initial pleadings leading up to the trial.

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By providing my contact information and clicking 'submit', I am giving FCA Legal Funding and its partners and affiliates permission to contact me about this and other future offers using the information provided. This may also include calls and text messages to my wireless telephone numbers. I also consent to use of emails and the use of an automated dialing device and pre-recorded messages. I understand that my permission described overrides my listing on any state or federal 'Do Not Call' list and any prior listing on the 'Do Not Call' lists of our partners. I acknowledge that this consent may only be revoked by email notification to info@fundcapitalamerica.com.
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