A lawsuit is a civil action brought before a court of law in which a plaintiff, a party who claims to have received damages from a defendant's actions, seeks a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment will be given in the plaintiff's favor, and a range of court orders may be issued to enforce a right, award damages, or impose an injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.
A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the government to be treated as if it were a private party in a civil case, as plaintiff or defendant regarding an injury, or may provide the government with a civil cause of action to enforce certain laws.
The conduct of a lawsuit is called litigation .
Rules of procedure and complications in lawsuits
Rules of criminal or civil procedure govern the conduct of a lawsuit in the common law adversarial system of dispute resolution. Procedural rules are additionally constrained/informed by separate statutory laws, case law, and constitutional provisions that define the rights of the parties to a lawsuit (see especially due process), though the rules will generally reflect this legal context on their face. The details of procedure will differ from jurisdiction to jurisdiction, and often from court to court within the same jurisdiction. The rules are very important for litigants to know, however, because they dictate the timing and progression of the lawsuit—what may be filed and when to get what result. Failure to comply with the procedural rules can result in serious limitations in conducting the trial or even dismissal of the lawsuit.
Direct contempt is a special summary procedure used in federal courts. It allows federal judges to order litigants to be incarcerated if they do not obey direct orders as to what they should file or do in another court. No U.S. Attorney participation is required. No statutory authority is needed. The aggrieved party simply requests a federal judge to put the plaintiff in a different court in jail if he or she doesn't obey a direct order to file a motion to voluntarily dismiss the action in the other court.
Though the majority of lawsuits are settled and never even get to trial, they can expand into a very complicated process. This is particularly true in federal systems, where a federal court may be applying state law (e.g., the Erie doctrine in the United States) or vice versa, or one state applying the law of another, and where it additionally may not be clear which level (or location) of court actually has jurisdiction over the claim or personal jurisdiction over the defendant. Domestic courts are also often called upon to apply foreign law, or to act upon foreign defendants, over whom they may not, as a practical matter, even have the ability to enforce a judgment if the defendant's assets are outside their reach.
Lawsuits become additionally complicated as more parties become involved (see joinder). Within a "single" lawsuit, there can be any number of claims and defenses (all based on numerous laws) between any number of plaintiffs or defendants, who each can bring any number of cross-claims and counterclaims against each other, and even bring additional parties into the suit on either side after it progresses. However, courts typically have some power to separate out claims and parties into separate suits if it is more efficient to do so, such as if there is not a sufficient overlap of factual issues between the various claims.
The progress of a lawsuit
The following is a generalized description of how a lawsuit may proceed in a common law jurisdiction:
Pleading
Main article: PleadingA lawsuit begins when a complaint is filed with the court. This complaint will state that one or more plaintiffs is seeking damages or equitable relief from one or more stated defendants, and will identify the legal and factual bases for doing so. It is important that the "plaintiff selects the proper venue with the proper jurisdiction to bring his lawsuit." The clerk of a court signs a summons, which is then served by the plaintiff upon the defendant, together with a copy of the complaint. This service notifies the defendants that they are being sued and that they have a specific time limit to file a response. By providing a copy of the complaint, the service also notifies the defendants of the nature of the claims. Once the defendants are served with the summons and complaint, they have a time limit to file an answer identifying their defenses to the plaintiff's claims, including any challenges to the court's jurisdiction, and any counterclaims they wish to assert against the plaintiff.
In many courts, a lawsuit begins when one or more plaintiffs properly serve a summons and complaint upon the defendant(s). In these states, the plaintiffs need not file the complaint with the district court clerk to commence the lawsuit. As in other court, the defendant(s) will have a specific time limit during which they may file their answer.
If the defendant chooses to file an answer within the time permitted, he/she must respond to each of the plaintiffs' allegations by admitting the allegation, denying it, or pleading a lack of sufficient information to admit or deny the allegation. At the time he files an answer, the defendant will also raise all "affirmative" defenses he may have. He may also assert any counterclaims for damages or equitable relief against the plaintiff, and in the case of "compulsory counterclaims," must do so or risk having the counterclaim barred in any subsequent proceeding. The defendant may also file a "third party complaint" in which he seeks to join another party or parties in the action if he believes those parties may be liable for some or all of the plaintiff's damages. Filing an answer "joins the cause" and moves the case into the pre-trial phase.
Instead of filing an answer within the time specified in the summons, the defendant can choose to dispute the validity of the complaint by filing one or more motions to dismiss. The motion must be filed within the time period specified in the summons for an answer. If all such motions are denied by the trial court, and the defendant loses on all appeals from such denials (if that option is available), then the defendant must file an answer.
Usually the pleadings are drafted by a lawyer, but in many courts persons can file papers and represent themselves, which is called appearing pro se . Many courts have a pro se clerk to assist people without lawyers.
Pre-trial
The early stages of the lawsuit may involve initial disclosures of evidence by each party and discovery, which is the ordered exchange of evidence and statements between the parties based on what they each expect to argue during the actual trial. Discovery is meant to eliminate surprises and clarify what the lawsuit is about, and perhaps to make a party realize they should settle or drop the claim, all before wasting court resources. At this point the parties may also engage in pretrial motion filing in order to exclude or include particular legal or factual issues before trial, by blocking the other party from presenting a particular witness or arguing a particular legal theory.
At the close of discovery, the parties may pick a jury and then have a trial by jury. Or, the case may proceed as a bench trial heard only by the judge, if the parties waive a jury trial, or if the right to a jury trial is not guaranteed for their particular claim (such as those under equity in the U.S.) or for any lawsuits within their jurisdiction.
Alternative Dispute Resolution
Congress requires that all federal courts offer alternative dispute resolution in all civil actions including bankruptcy. A neutral third party participates to assist in the resolution of issues in controversy. Except as defined in section 1654 participation by litigants is voluntary and not binding. Section 1654 does not allow arbitration when the participants do not agree, there is a claimed violation of a constitutional right, or the amount in controversy is more than $150,000 but mediation can still be used in those cases. The only exception to this mandate is for pro se litigants. Although Congress requires the procedure to be offered to all litigants, many federal courts do not allow pro se litigants to participate even when they pay the full filing fee.
Revised Judicial Canons
The current code of conduct for United States Judges requires "A judge should accord to every person who is legally interested in a proceeding, or the person's lawyer full right to be heard according to law". On March 17, 2009, a new code, going into effect on July 1, 2009, was announced requiring "A judge should accord to every person who has a legal interest in a proceeding, and that person’s lawyer, the full right to be heard according to law." The wording was changed from a person "or" their lawyer to a person "and" their lawyer.
Trial and judgment
The lawsuit may then proceed similarly to a criminal trial, with each side presenting witnesses and submitting evidence, at the close of which the judge or jury renders their decision. Generally speaking, the plaintiff has the burden of proof in making his claims, which means that it is up to him to produce enough evidence to persuade the judge o
Exteriors of Residential Buildings - Inspection, Defects, Repairs ...
Hardboard, Composite, "Masonite"-type Siding: failure and leak inspection, siding repair, siding litigation, hardboard siding class action lawsuits and settlements are listed here
Failing Siding Help Page
Official Louisiana-Pacific Inner-Seal Siding Litigation page * NOW A BROKEN LINK. Louisiana Pacific Corporation used to maintain a website to help the homeowners they affected ...
Re: Masonite Hardboard Siding Litigation
Notice HOME CIRCUIT COURT OF MOBILE COUNTY, ALABAMA Re: Masonite Hardboard Siding Litigation Dear Potential Class Member: The enclosed Notice of Class Action Settlement is being ...
Siding Warranty
Cladwood Siding Litigation website. Exterior Insulation & Finish System-EIFS - 800-494-3437 -For fake stucco problems . Masonite® Siding Class Action Settlements Official Web Site
Re: Masonite ® OmniWood ® Siding Litigation
Notice HOME CIRCUIT COURT OF MOBILE COUNTY, ALABAMA Re: Masonite ® OmniWood ® Siding Litigation Dear Potential Class Member: The enclosed Notice of Class Action Settlement is ...
Perkins Coie - Legal Experience- Weyerhaeuser Co ...
Weyerhaeuser Co. Hardboard Siding Litigation ... consumer product liability class actions related to alleged defects in hardboard siding.
Aluminum Siding Antitrust Litigation
Faegre & Benson regularly handles among the most complex and challenging transactions and litigation work facing multinational businesses. Our firm has offices in Boulder, Denver ...
Groups: X2GEER: siding james hardie - Upcoming
James Hardie Siding Products James Hardie Siding Prices James Hardie Siding Colors Fiber Cement Siding James Hardie Siding Pictures CertainTeed Siding James Hardie Litigation ...
ORIENTED STRAND BOARD HOME SIDING LITIGATION: 1 IN RE LOUISIANA ...
339 Chapter Thirteen ORIENTED STRAND BOARD HOME SIDING LITIGATION: 1 IN RE LOUISIANA-PACIFIC INNER-SEAL SIDING 2 PROLOGUE Louisiana-Pacific Corporation is a leading forest products ...
Perkins Coie - Legal Experience- Louisiana-Pacific Corp ...
Louisiana-Pacific Corp. OSB Siding Litigation