Pleadings Stage

As a follow up to our post on the litigation process, today we're discussing the pleadings stage. If the parties cannot reach a settlement, then the lawsuit begins when a complaint is filed with the court.

After receiving the complaint, the defendant may file an answer responding to the complaint's statements or file a motion to dismiss the complaint. If the case continues, the court usually requires the parties to attend a conference to set deadlines.

If a defendant files an answer provides the defendant with the chance to respond to the plaintiff’s allegations while at the same time allowing you to respond with your story to defeat plaintiff’s claims. Filing an answer can prevent the plaintiff from winning by a default judgment.

A defendant may also file a cross-complaint at the same time of filing your answer. This allows the defendant to bring claims against the plaintiff that derived from the same events of lawsuit brought by plaintiff.

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*This blog post should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only.