Kremer and Associates Lawfirm
We Protect You Against Pending Lawsuits
This preface contains definitions of these terms and how they will apply in a court setting.
Plaintiff- Well, if you find yourself reading this brochure, then someone has initiated a Lawsuit against you! This person is known as the plaintiff.
defendant- You, my friend, are the defendant. You are the person defending against the pending lawsuit.
Complaint- This is what will be filed after the lawsuit against you has become official. The complaint is a statement naming you, the defendant, the plaintiff and the details of the lawsuit.
Summons- A summons is a document issued by a judge requesting that the defendant appear in a court at a given date and time.
Pleadings- Pleadings are filed papers that describe each party's side on the matter.
Pretrial Conference- A pretrial conference is used to settle a dispute before it turns into a trial, as a full-scale trial can be cumbersome, but sometimes, it is just unavoidable.
Mediation- Mediation is the step where parties come together (usually under the supervision of a mediator but not always) to agree to a settlement. For example, Jane sues Jack for $50,000 but agrees to a settlement where Jack only has to pay $30,000.
Arbitration- Arbitration is similar to a trial, except that a neutral 3rd party known as an arbitrator is selected to hear both cases and make a decision.
Trial- The trial is the forum where each case presents their side, after the conclusion of which, the jury deliberates to deliver a verdict.
Preponderance of evidence- Preponderance of evidence is a set guideline stating that if a side has more than 50% of the evidence favoring them, they will win.
Verdict- The verdict is the formal statement delivered by the judge declaring the winning side.
Appeal- An appeal is used by the losing side to re-hear the case in an appeals courts.
You've been sued!
So, a plaintiff has filed a complaint naming the issue pertaining to you, the defendant. If this is happened, your first step will be to call us immediately! A summons may be issued soon after as well to call for your appearance in court, which brings us to the pre-trial conference...
Now, hopefully you will not have to read past here, as the you are now going to go through a pre-trial conference. There is a good chance, depending on the dispute, that it can be settled right here and we can avoid a trial altogether!
Now, a medley of things could happen over the course of the trial. Of course, by now, we know the case inside out and will advise you on the best course of action. If the plaintiff has just too strong of a case, then we will advise mediation as a next step. If our case is the strong one, then we will argue the opposition into the ground!
After the trial concludes, the jury deliberates and the judge delivers a verdict...
Preponderance of Evidence
Now, evidence amounts are subjective, so it is not an exact science per say, as it is a guideline.
An important thing to note is that it is not applied in every case. If the case is close, then this may be mandated by a judge to resolve the case.
Mediation and Arbitration
A trial can be avoided is mediation. If we know that we are not likely to win, this is the recommended step as it can soften the blow so to speak. A more favorable settlement may be agreed upon. Yes, you may have to shake the hand of person that is suing you, but we must all do things considered unpleasant.
Another way a trial can also be avoided is with arbitration. It is quicker and more simple than a trial as a 3rd party arbitrator agreed upon by the plaintiff and you, the defendant rules on the case as opposed to a 6-12 person jury. So, in essence, it is a speedy trial because it has all the steps of a trial, with only one person that has to think and rule on it.
A thank you to our sources
Google Images used to obtain all pictures provided