Anatomy of a Case

Serving the Defendants

This section deals with the actual notice given to defendants when they are being sued and what happens if there is not proper notice.

Service

All courts will require you to provide proof that you have actually given notice of the lawsuit to all of the defendants. The courts strive for actual notice to each party.

Going to trial has often been likened to a roll of the dice - a gamble. No one can predict a trial's outcome, whether it's a member of the jury or the judge. However, while trials are hard to forecast, the trial itself is not a random process.

Filing the Paperwork - Complaint or Petition

Usually the first form you file will be called a Petition or a Complaint. It is usually easy to read, but almost always contains some potential pitfalls that, if not completed properly, can cause your case to be rejected by the Clerk of the Court. You must follow all of the directions and you usually must complete all of the blanks. You cannot rely on the court to provide any information.

Before and During Trial

Pretrial Conferences: Typically, there are several hearings in the weeks before the trial where the judge and attorneys will work to narrow issues for trial, discuss witnesses and exhibits, and draft a "Pretrial Order" that serves as both a set of rules and an outline for the trial.

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Anatomy of a Case

Serving the Defendants

Court Dates

Introduction

Filing the Paperwork - Complaint or Petition

Before and During Trial

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