You can win your case at various stages of the litigation, even if you have been sued.You have to understand the law and the rules.If you can show that your opponent missed a filing deadline, has no legitimate cause of action, spoiled or destroyed evidence, or doesn't have strong enough evidence to win, you will win a case.
Step 1: A lawyer should be hired.
Your success in litigation depends on an experienced attorney.A seasoned trial attorney can present the evidence in a compelling way in court.You should find a lawyer who specializes in the area of law that is the subject of the lawsuit if you can afford it.Some attorneys specialize in defamation or employment law.You can find an experienced attorney by visiting your state's bar association website.You can find it by area of expertise.To find out what experience an attorney has in the area of law, look at his or her website.If the attorney is certified as a specialist in the area of law, you should check it out.Some lawyers only work for defendants.
Step 2: To file a lawsuit in the appropriate court, you must find it.
The power to file a suit in a court is called jurisdiction.The case can be dismissed if the suit was filed in the wrong court.If the defendant lives or does business in the district, the court will have jurisdiction over him.The events that are the subject of the lawsuit happened in the district.A contract was signed in the district.
Step 3: Write a complaint.
The facts of your dispute will be laid out in your complaint.The form for starting a lawsuit can be pre-printed.If a form is available, check with the court clerk.If you don't have a lawyer, use a form complaint as a guide.You can use a sample from the New York Courts system.The court, the names of the parties, and the case number are the main information at the top.You should identify the document as your complaint.You state your identity, the defendants identity and the background facts to the dispute.You must include no more than one fact per paragraph.Then state the amount of money you want to be awarded for damages.The signature block is at the bottom.
Step 4: A complaint can be filed.
You will need to bring your complaint and other documents to the courthouse.The documents should be filed with the court clerk.You have to pay a fee in order to file the documents.You can ask for a fee waiver if you can't afford it.
Step 5: You can serve a summons.
You need to give someone a copy of your complaint as well as a summons.A copy of a blank summons can be obtained from the court clerk.There are a number of ways you can serve notice.Mail or personal service are the most popular forms.You can ask the court clerk which forms of service are allowed.It is possible that service by mail is the cheapest.You will need to mail the summons and complaint to the defendants address.You have to sign an affidavit or other form to prove that you sent notice.You can get this form from the court clerk.You can personally serve notice.Typically, you use the sheriff or a private process server to take a copy of the complaint and summons to the defendants, where they personally deliver it to them.A fee is usually around $50 for personal service.You can't serve the papers yourself.
Step 6: You can read the complaint or the charging document.
You need to know what allegations have been made against you in a lawsuit.The laws you are alleged to have broken are the causes of action.The court in which the complaint was filed should be noted.This information will be important when you bring a motion to dismiss.
Step 7: Do you know the law?
What elements must be proved to win the case?A duty of care owed to the defendants must be established in order to prove negligent.If no element is present, the lawsuit has not alleged a cause of action.
Step 8: The statute of limitations in your state is important.
A certain amount of time must be given for each claim to be brought.A breach of contract claim in New York must be brought within six years.A defamation lawsuit must be brought within a year.You must be charged with theft within 18 months of your alleged crime.Statutory periods can be different by state.Only look at the laws in your state.You can find this information online by searching for the offense and then the statute of limitations.
Step 9: The motion to dismiss can be filed.
You can dismiss the case before you answer the complaint.There are a number of reasons a case may be dismissed.The person didn't state a claim.You could be accused of breaching a duty of care owed to her if you were negligent.If the law states that you don't owe the person any duty of care, then she has no claim against you.The case was filed in the wrong court.If the statute of limitations hasn't run out, the lawsuit can be refiled in an appropriate court.
Step 10: For a default judgement.
The court can enter a default judgment if the defendants don't respond to the lawsuit.The complaint and summons must have been properly served.Copies of your complaint as well as any receipt you received from a process server should be kept.It will be difficult to collect on your judgement if you can't find the defendants.If you can locate the property, you could put a lien on it.It is not possible to seek a default judgment against a member of the military.
Step 11: The discovery process requires participation.
The discovery process allows you to give information and witnesses to the other side of the trial.There are three basic stages of the discovery process.If the other side is not giving you information you have reason to believe they have, you may want to file a motion to compel discovery.Interrogatories are written questions that can be sent to the other side.You can ask the judge to order the other side to provide answers if you don't get answers within a reasonable period of time.Any documents that might have something to do with the case can be requested during document production.You can use the documents to help you win the case.You can demand the other side settle if you discover a "smoking gun", a document that proves the person or company you're suing is liable for your damages.You may be able to argue that certain facts or issues have been settled based on that piece of evidence.Depositions are live interviews conducted by you and the other side in which you ask questions of someone such as a party or a witness who is under oath.A transcript of the deposition will be provided by the court reporter, who recorded the questions and answers.If other individuals who are not part of the litigation have information that is necessary to the case, both parties may issue subpoenas to third-party witnesses.You might need phone records to show how many times a day the person called you.You would have to issue a subpoena to the phone company to get those phone records.
Step 12: Look for evidence and witnesses.
The parties in a lawsuit have the right to request copies of documents in each other's possession or control.Do you know if the other side destroyed the document you requested?If you have evidence that the other side has the document, you should give it to them.Did the other party refer to this document in an email?Is the document in the contract mentioned?You can file a motion for an order to compel discovery if you have a good reason to believe that the other party has destroyed evidence.Explain in the motion why you think the other party has the document.You can raise the issue of the document being destroyed or hidden in the oral argument.
Step 13: Move for sanctions.
You can move for sanctions if the other side has destroyed evidence.The court can impose sanctions up to and including a default judgment against the other side.If the discovery violation is egregious, you should move for a default judgment.You can win without going to court.The court may not enter a default judgment.You can win your case.You can ask the court to stop the other party from giving evidence.If the party's defense is that you sent an email agreeing to a change in a contract, but that party destroyed the email, the judge can prevent them from arguing you ever agreed to the change.
Step 14: A motion for summary judgment is filed.
Either party can move for summary judgment after the close of discovery.You should argue that there are no genuine issues of material fact and that you are entitled to judgement as a matter of law.Supporting affidavits should be attached to the motion.If witness testimony is critical to the motion, a notarized affidavit laying out the witness's testimony should be attached.After filing with the court, you must serve a copy of the motion on the other party.The court clerk can tell you what methods are acceptable.You can either personally serve it or mail it.
Step 15: Take part in alternate dispute resolution
Alternative dispute resolution can be used to resolve your lawsuit without going to court.Negotiating, mediation, and arbitration are the most popular.In negotiation, you and the other party meet to try and hammer out a compromise that is acceptable to you both.If an agreement is reached, each party agrees to waive any further liability.Settlement negotiations are an art and should be represented by an attorney.A neutral third party facilitates discussion with mediation.The third-party neutral doesn't decide the case, but he or she can help the parties find common ground.The mediation may propose ways to resolve the dispute.Mediation can be a cost-effective way of resolving a dispute.The parties submit their case to an arbiter or panel of arbiters who will decide on one side or the other, like a judge in a courtroom.Although there are many different ways to resolve disputes, it typically resembles a trial.Each party can present witnesses and introduce evidence.You could be represented by an attorney.
Step 16: There are defenses that you can research.
There are defenses that can be used to defeat a claim against you.If you are a prosecutor, you will want to know what the defendants will argue.The government usually fails to meet its burden of proof beyond a reasonable doubt in criminal cases.There are a variety of ways in which a person raises reasonable doubt.A criminal may admit to committing the crime, but claim he was excused or justified.Excuses include insanity or entrapment.Self-defense is the most common justification.Many more defenses are provided by civil law.A breach of contract can be excused if it was done first.A person can claim that they assumed the risk of injury when skydiving.Civil defenses can be specific to the cause of action.There are causes of action in a case law database.The Public Library of Law is free if you don't have access to LexisNexis or Westlaw.Look for the most common defenses.
Step 17: A theory of the case can be created.
The theory of the case is what you believe happened.Each key fact of your case needs to be supported with evidence.It is important that your theory is based on the law.If you are accused of deliberately crashing into someone's car, your theory of the case may be that the victim was negligent when she backed into the road.If you deliberately hit her, you will be held responsible.It's possible that you didn't deliberately hit her but only negligently did, or that she deliberately backed into you.If you attempted to flee the scene of a crime after hitting someone with your car, that fact could be used to support the inference that you knew you were guilty.Your theory is that you fled because you were confused by the crash.
Step 18: Prepare to go to court.
The witnesses you will call and what testimony you hope to get from them should be identified with your attorney.If you intend to testify, you should discuss your own testimony.If you want your attorney to ask questions and formulate answers, have her do a couple practice runs with you.Dress well.You have a short time to make a first impression.It should be a good one.Go easy on the jewelry if you wear a suit or conservative dress.It's appropriate to behave appropriately.Stand, do not interrupt anyone, and address the judge as "Your Honor" or "Judge" whenever you speak to him or her.Take notes.You will be able to question the other party's witnesses more effectively if you keep track of what they say.
Step 19: Provide an opening statement.
A sneak peek of the evidence will be provided by your lawyer.An opening statement should not take too long to lay out your case.The opening statement is a good place for your lawyer to explain the bad facts of the case.
Step 20: There is evidence present.
Your theory of the case should be supported by the evidence.The prosecutor goes first.The person goes first.The majority of evidence will be witnesses and documents.The witnesses have to prove that they have personal knowledge of the events they testify about.The witness has to prove that she was in a position to observe the events she is testifying to.She can show this with testimony.You have to show that any document you introduce is what you say it is.A witness can testify about the document's identity.
Step 21: Go for a directed verdict.
If you are the accused at the trial, you can move for a directed verdict immediately after the evidence is presented.You don't need to present a defense if they failed to meet their burden of proof.The burden of proof is beyond a reasonable doubt in criminal cases.The burden in civil cases is usually aponderance of evidence, which means that the evidence must point in the favor of the plaintiff.Think ofponderance as 50.1% in favor of the person.You can move for a directed verdict at the end of the evidence.The defendants may make the motion at that point.Judges rarely give a directed verdict.You don't lose anything if you make a motion for directed verdict.The defendants will have an opportunity to present evidence after it is denied.
Step 22: Give a closing argument to the jury.
The closing argument should explain how the evidence supports your theory.You should open and close strong.According to research, jurors remember the first and last things they hear.
Step 23: There was a move for judgment.
If you moved for a directed verdict before the case was submitted to the jury, you can renew it after the verdict.The judge may be willing to consider your argument after a jury verdict.
Step 24: They appealed.
You can appeal if you're unhappy with the verdict.The form for the notice of appeal can be found at the court clerk.Ask for the form.You have to send a copy of the Notice of Appeal to the other party.It is complicated and expensive to appeal.You should meet with an attorney if you don't have one.