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The bringing, maintaining, and defense of a lawsuit comprise the litigation process. |
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Legal action to resolve disputes between parties (may be individuals, businesses, or in some cases. government agencies. |
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Brought by the government against a party accused of violating the law. |
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The paperwork that is filed with the court to initiate and respond to a lawsuit. |
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WHAT ARE THE MAJOR PLEADINGS? |
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THE COMPLAINT THE ANSWER THE CROSS-COMPLAINT THE REPLY
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The document the plaintiff files eith the court and serves on the defendant to initiate a lawsuit. *Also called a plaintiff's original petition or summons in some jurisdictions. |
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A court order directing the defendant to appear in court and answer the complaint. |
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The party who files the answer. |
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CROSS-COMPLAINT OR COUNTER CLAIM |
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Filed by the defendant against the plaintiff to seek damages or some other remedy. |
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Filed by the original plaintiff to answer the defendant's cross-complaint. |
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IF other person have an interest in a lawsuit, they may step in and become parties to the lawsuit. |
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If several plaintiffs have filed separate lawsuits stemming from the same fact situation against the same defendant, the court can initiate a consolidation of the cases into one case if it would not cause undue prejudice to the parties. |
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A law that establishes the period during which a plaintiff must bring a lawsuit against a defendant. *Federal and state govenrnments have established statutes of limitations for each type of lawsuit. Most are from 1-4 years. |
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