Table of Contents
Introduction
Mark was driving and he crashed his car into a store damaging David’s property. Mark was drunk so David sues him for drink and drives case which caused damage to his property. The process in which one person sues another is known as litigation. Plaintiff the person who suffers and files litigation against the other person is called the plaintiff or the claimant.
In the case above David is the plaintiff. In order for David to perform litigation, he must gather all the information and facts about the incident and document it for court and he must also keep the copies ready for the defendant’s reference. In the document, the plaintiff must disclose every information about the incident.
The document should include possible alternatives to seek the claim which may include monetary loss legal cost and other interest. The plaintiff must also get a stamp and file number from the court for getting the affidavit of service and then file it at the court. Defendant the person on whom the litigation is filed is called the defendant.
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In the above example mark if the defendant. It is mandatory for a defendant to file the statement of defense. In case if the defendant misses filing the statement the judgment will be made against him. You may ask the court to extend the time limit filing a notice of intent to defend. The statement will show all the information to prove himself not liable for the claim.
An affidavit of documents is the source for both the parties to explain the situation to each other and the court. An affidavit of documents is the collection of all the relevant documents such as emails text and digitally stored which must be exchanged by the plaintiff and the defendant. Interim motions before litigation go to the trial stage the interim motions are done. In this, the court will check the affidavit with other documents to examine the case.
After this stage, the court will execute temporary orders. Examination of discovery this is out of the court matter which is conducted before the special examiner from the court. At this stage, parties will discuss the merits and possibilities of each side and make a transcript that can be used in court. Actual trails the court later begins trails by looking at evidence and processes it with rules against the examination in chief.
Each party may place an objection to each other depending on the documents and truth. Judgment the judge will examine the rules as well as all the documents related to litigation and pass the resolution which may be a particular act such as transferring property or paying the sufferer. The monetary award includes the details related to money to be paid plus the interest. Enforcement this the last stage of the litigation process is the enforcement of the judgment which is awarded to the winning party.
The court orders a certain amount of money which can be paid by losing the party called judgment debtor. If he is unable to pay the court may seize his property and assets, for example, land vehicle equipment and other forms of assets.
