If you have been sued, the attorneys at Gregory & Waldo are experienced in defending these types of cases. Once you have been served with a civil Complaint, you have 20 days from service to file a responsive pleading. The response may be as simple as an Answer to the Complaint, however, often times the response can and should be a motion. It is important to have an experienced attorney review any Complaint filed against you to determine the proper course of action. There are several defenses to a Complaint that must be raised by motion. Several of these defenses are forever waived if they are not filed in the initial responsive pleading. It is possible that if any of these defenses are present in the Complaint filed against you that filing a motion to dismiss can be successful and the case against you can be dismissed prior to ever having to fully litigate it. This is why it is important to act quickly and choose an attorney to handle your case as soon as you are served with the Complaint.
If no motions are warranted, an Answer must be filed. However, it is important to assert the appropriate affirmative defenses and determine if any counter claims, cross claims, or third party complaints are warranted. Again, not doing these things early on could possibly lead to being barred from doing them later.
Once all initial pleadings are filed, the parties must then engage in an Early Case Conference and begin discovery. Discovery can be lengthy, time consuming and complicated. If you have never been involved in a civil lawsuit, it can be very overwhelming attempting to handle these matters yourself.
During the course of discovery it is also important to be aware of whether any additional motions should be filed. It is possible that entire cases, or portions of cases, can be ruled upon prior to a trial on those matters. This saves much time and expense when cases can be handled this way. The fewer issues that are left to resolve at trial, the more efficient the trial will be.
Handling a civil case once you have been sued can be very complicated and overwhelming. The attorneys at Gregory & Waldo have handled numerous cases defending clients who have been sued and know the process and are very creative in fighting cases prior to trial. A trial in a civil case can be expensive for the client, so taking cases to trial is a last resort. The preference is always winning a case through motion practice, or reaching a reasonable and fair settlement. However, the attorneys at Gregory & Waldo are also experienced in defending civil cases at trial.
If you have been sued it is important to act quickly. Call the experienced attorneys at Gregory & Waldo at 702-830-7925 for a consultation and to review your Complaint to determine the best course of action.