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Wanna know more about law? Read below!
So, lets say that you are about to file a lawsuit against your ex husband's new wife. She appears to clearly be neglecting and abusing your children! You are outraged! You are confused about the steps and what to do next. We are here to inform and help you through the steps you should be taking.
1.) You're the Plaintiff, they are the Defendant.
Since you have decided to file the lawsuit, you have become the plaintiff. The plaintiff files the complaint, or the accusation against the other person for suing them. You must make sure you include all the information when suing the person, and evidence. The defendant is the person you are suing.
2.) Summons and Complaints
The summons is what you send to the defendant to make them aware that they are being sued. This means they must appear in court. The complaint contains what you are suing them for and why.
3.) Pre Trial Conference
During the Pre-trial conference, you will have the time talk over and think about your lawsuit and you will have time to straighten it out.
4.) Appearing in Court.
Once you have arrived for your scheduled court date, you will take a seat on your side with your lawyer, while the defendant will take the other. In the court room, you will find the Jury, Judge, Defendant and her lawyer, and the people observing.
5.) Bench Trial
If you choose not to have a jury trial, you will have a bench trial, in which the judge listens to the case, the jury listens then makes a decision after hearing the pleadings. They will then hear the preponderance of evidence, or the more descriptive, convincing evidence, which will help them make the right decision.
6.) The Jury reaches a Verdict.
Once the Jury reaches the verdict, you are relieved to find that you have won the case! You now have full custody of your children, with supervised visits by her husband only. Congratulations!
7.) Other Outside Options.
Sometimes you might actually be able to get an outside opinion, or mediation. This is when you can have a lawyer solve the issue without having to go to court. Another option would be an arbitration, when you have a "mock" court case and have other opinions and see what others would say. It is like an observance by other people.
8.) What if they make an appeal?
If the defendant decides to file an appeal, don't fret! Majority of the time, you are right. The only reason they would file an appeal would be if they thought that the court's decision was not right, and that it was wrong and needed higher decisions.
Was this helpful? Let us know!!!!
You can always call us anytime of the day! Our number is in the phone book and on our website!
Fax: 000-987-6783-1
Phone: 1-800-965-4677
Or Email us at: WEAttorneysatlaw@regulation.gov
Fax: 000-987-6783-1
Phone: 1-800-965-4677
Or Email us at: WEAttorneysatlaw@regulation.gov
Kimberley Motley: How I defend the rule of law