by Jason B. Thompson
jthompson@webb-firm.com

When two parties have a dispute that cannot be resolved amongst themselves, they have the right to turn to the judicial system to work out their differences. In some cases (i.e. divorce, criminal law), the parties have no choice but to have their issues resolved with the help of a judge. For the context of this article, I will generally be addressing a general civil action.

When an individual (or business) cannot resolve a dispute, an attorney is generally contacted for some legal advice. Contrary to public opinion, most attorneys, including this firm, discourage filing a lawsuit if it can be avoided. In many other instances, especially if the amount that is in disputed is small, an attorney will advise the client to either write it off or to pursue the matter in small claims court. If it is determined that a lawsuit is necessary, then the client can either proceed pro se (without an attorney) or the attorney can handle the case for the client. There are some matters in which a client MUST have an attorney (for instance, under Georgia law, a corporation must have an attorney to file suit or to defend against a suit).

The first step of the lawsuit is the filing of a Complaint. This document outlines all of the allegations raised by the plaintiff, the party filing the suit. The Complaint must be drafted in proper form and filed in the courthouse that has jurisdiction and venue over the case. Once the Complaint is filed, then it must be served upon the defendant(s). This is usually done through the local Sheriff's Department, but on special occasions the plaintiff can hire a special process server to serve the Complaint. Once the Complaint has been properly served upon the defendant(s), then the defendant(s) have a deadline to file an Answer. This deadline is dictated by the laws governing that particular jurisdiction. A defendant must file an Answer. Failure to do so results in a default judgment in favor of the plaintiff. The Answer will contain the defendant(s) responses to the plaintiff's allegations. In some cases, the defendant(s) may file a counterclaim against the plaintiff or file a cross-claim against other parties.

Once the Answer has been filed, then the parties begin a mandatory period called "discovery". During the discovery period, the parties have an opportunity to question the opposition and other potential witnesses through interrogatories, request for production of documents, and/or depositions. The purpose of the discovery is for the party to find out as much as they possibly can about the other party's case.

Once the discovery period expires, if the case is still not resolved, then the parties get ready for trial. Generally, the parties have a right to bench trial or a jury trial. In a bench trial, the judge will decide everything. In a jury trial, a panel of jurors will sit as the finders of fact. The judge at a jury trial decides questions of law. If the case goes to trial, then the parties will present evidence supporting their claims and will have a chance to challenge the opposing parties' evidence and witnesses. After the evidence has been received by the court, then a verdict will be entered.

There are alternatives to trial. These are sometimes called ADR (Alternative Dispute Resolution. For instance, if the parties agree, the case can go to non-binding mediation to try and resolve the issues with the help of a neutral party. Arbitration is another option. The parties can agree to the arbitration process, which is basically an informal "mini-trial".

If you are need an attorney to either potentially bring a suit against someone, or to defend you in a lawsuit against you, please contact an attorney to discuss your rights in the legal process.