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Most people prefer to settle contract disputes, divorce issues, and other legal matters privately, but in some cases, you may have no choice but to file a lawsuit. If you’ve never brought legal action against another party before, the court filing process can seem complex and confusing. Understanding the steps of a lawsuit can increase your chances of achieving justice in your case.

How to File a Lawsuit

1. Fact Collection

If you hire an attorney, they’ll perform an initial investigation to determine if you have a strong case. Plaintiffs who represent themselves will also need a detailed accounting of the facts to include in their initial court filing.

2. Lawsuit Filing

If the other party refuses to settle and arbitration hasn’t produced results, the next step is to file the lawsuit. After submitting your complaint, the defendant will be served a copy of the court filing—they’ll typically have 30 days to respond.

3. Discovery Phase

court filingDiscovery is the process of collecting evidence from the other party, which may include depositions, receipts, contracts, or copies of emails. Material collected during discovery can be used as leverage to convince the other side to settle, averting the need for a lawsuit.

4. Trial Preparation

If you can’t reach a settlement, the next step is filing a Note of Issue, informing the court that the matter will proceed. The pre-trial phase is a crucial part of the process because it gives you time to prepare exhibits, organize evidence, and subpoena any witnesses who may need to testify.

 

If you plan to file a lawsuit in Hawaii, contact the professionals at AAA Legal Process, Inc., in Honolulu. These reliable process servers will take the stress out of court filing and will ensure your documents are delivered promptly, eliminating delays so that your case can move forward. Learn more about their services online, or call (844) 737-8344 to discuss your needs with a member of their team.

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