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Today I'd like to discuss the life of a lawsuit My name's ChristopherPracht, and I'm a trial lawyer from Anderson South Carolina The life of a lawsuit involves several phases Initially there is something called summons and complaint which begins the lawsuit and puts the defendant or other side on notice of certain claims and allegations made against them From that point the defendant has 30 days to file an answer and potentially a counterclaim Once the initial pleadings or paperwork his filed the court begins the second phase of a lawsuit chichis what we lawyers call the discovery phase Discovery is merely an instrument that is set forth by the court in which both sides learn about the other side's case That can be done through depositions which are sworn testimony under oath, but they're not done in a courtroom they're taken in a conference room like the one we're sitting in now, or they can be done through what recalled interrogatories which are basically written questions that are exchanged between the parties Lastly there are documents which are exchanged between the parties and the idea of this is there's no such thing as trial by ambush in the circuit courts of South Carolina In any event the second phase of lawsuit is the discovery phase The third phase is what we call the mediation phase mediation is an opportunity between the parties to potentially settle their differences or resolve the dispute This is done using by selecting neutral party with great experience who understands the lawsuit to come in see if they can bring the sides together and forge a resolution If they can the case ends right there that day at mediation with a settlement If they cannot the case goes to what I call the last phase of the life of a lawsuit which is the trial phase This requires both attorneys to expend an enormous amount of time in preparing for trial preparing the clients and witnesses and then ultimately going in either having a jury or a non-jury trial to resolve your differences In any event the life of lawsuit can take anywhere from eight months to 4 to 5 years in some circumstances and more complex cases If you have more questions about the life of a lawsuit or have a legal matter which we can assist you with don't hesitate to call us at 864-226-7222, or you can catch up with us on the web at wwwtandplegalcom
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