Gates and Sons Firm
Helping YOU get prepared for the road ahead in court
Getting Involved in a Case
Yourself, as the Plaintiff's job is to make first, a formal charge or a Complaint to a government worker in the field of law that that is involved with such cases like a police officer for example. Our firm will deal with contacting the authorities for you, with your help of identifying the Defendant along with the crime committed first. The Defendant is the person that you are accusing for the crime that he/she committed, as said by you. This person would most likely be issued a summons to appear in court to defend themselves.
Both yourself, the plaintiff, and the Defendant are required to submit pleadings describing both sides on the case that will be brought up in court. This pleadings will be discussed by both the lawyers and judge in the pre-trial conference. Also at this time a date for the trial may be set up. This helps the judge with the case management. At this time cases may be dealt with privately through a third party, called mediation. In trying to resolve these with a third party it is considered arbitration. This has certain effects set in stone and could be costly, such as some involving divorce.
Now that the trial date is set up, you must appear on the court date. Here in the trial each side, prosecution and defense, will display evidence either in favor or not in favor of the defendant and plaintiff. If more evidence leans towards a particular side then they will win in court. This is called the preponderance of evidence. It is required that more than half off all the evidence will be in favor of said side. At the end of the court a verdict is made by the judge and if it is not favorable, it may be appealed to be tried in a higher court if accepted into one.