Complaint
In many U.S. states, the formal case process begins by presenting plaintiffs a complaint before a special court or a court. This document contains an explanation of the action or negligence, the defendant made, the damage caused to the plaintiff and defendant should therefore be considered liable for resulting damages. The individual or the accused will also be given a copy of the complaint.
Defendant's response
Usually, the accused be given a period of three weeks for its response to the allegations of the complainant. Here, you can defend him on the issue and make their statement sworn against to prove his innocence. Depending on their differences, a party may request the other to clarify certain issues so they can settle the complaint.
If in the case where the defendant does not respond, the court ruling in May after a default in the case.
Other alternatives
As a process of dispute may take considerable time to resolve most, the rivals of the field advantage only to legal alternatives, such as court settlements and arbitration. The settlements are conferred by both parties, although the litigation process is always running. This is considered more cost-effective option compared with the trial.
Meanwhile, the arbitration referred to the legal process in which both parties agree to a neutral party to review their cases and disseminate his opinion on the matter. However, this Alternatively, shorter distance is quite informal. However, a number of courts are in favor of the resolution and in particular if the problem involves crimes or misdemeanor.
In a normal situation, both parties agree to participate in arbitration can be no objection to the arbitrator's decision.
The trial process
If both parties fail to alternatives, the process has to place. In this case, both parties will be given time to present evidence in support of their allegations or defense. The two attorneys also volunteer their time to question the plaintiff, the defendant and their respective controls (if applicable).
Once While both sides have presented both in the case, now is the time for the judge to give his decision based on the evidence and the credibility of the statement both parties, including witnesses.
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CRIMINAL DEFENSE LAWYER MICHAEL KRAUT ON ROMAN POLANSKI