Tuesday, April 30, 2013
Tuesday's Tip: Can a Company Represent Itself in Court?
While individuals can represent themselves in lawsuits, companies cannot unless the amount in dispute is under $5K (small claims court).
Tuesday, April 16, 2013
Tuesday's Tip: Attorney's Fees
Tuesday's Tip: Attorney's Fees are usually awarded in a lawsuit when allowed by contract, statute, or court rule.
Tuesday, April 2, 2013
Tuesday’s Tip - What is a Civil Action?
A
civil action is a lawsuit in which one person or entity (Plaintiff) claims to
have been harmed by the actions of another person or entity (Defendant). In the civil lawsuit, the Plaintiff requests that
the court award him relief such as: (i) money; (ii) an injunction either to prevent
or require the defendant to do something, and/or (iii) a declaratory judgment which
asks the court to determine the parties’ rights under a contract or statute.
Most
civil lawsuits start with filing a Complaint. The Complaint is a
document that describes what the Plaintiff wants and why. At the same time the Complaint is filed, the
court clerk will issue a Summons. The Summons provides the Defendant with
important information including the deadline to respond to the Complaint.
After
the Plaintiff has filed the complaint and the clerk issues the summons, the
Plaintiff must serve these documents on each person/entity being sued (defendants). After the Defendants have been served, they
typically have 20 days to respond. If a response
is not filed within the required time period, the Plaintiff can request the
court to award a default judgment.
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