FILING, SERVING AND ANSWERING A LAWSUIT
A lawsuit is initiated when a party files a complaint. The party who initiates a complaint is known as the plaintiff and the party alleged to be responsible for the claim is known as the defendant. It is possible for there to be more than one plaintiff and more than one defendant. Although the level of detail required in a complaint may differ depending on the law governing the lawsuit and whether the complaint is filed in federal or state court, a complaint must generally include a short and plain statement of the grounds upon which the court’s jurisdiction depends, a short and plain statement of the claim showing that the plaintiff is entitled to relief and a demand for judgment for the relief the plaintiff seeks.
The court in which a complaint is filed issues a summons to the defendant. The plaintiff must deliver the summons, along with a copy of the complaint, to the defendant. The process of delivering a summons and complaint to a defendant is called service. Service of the summons and complaint must be done in compliance with the rules of the court. A summons and complaint may be personally delivered to the defendant, left at the defendant’s home with someone of suitable age and discretion who also resides at the defendant’s home, or delivered to an agent authorized by law to receive service. Service on a domestic corporation can be accomplished by a number of methods including delivery of the summons and complaint to an officer or agent authorized to receive service. When a corporation is registered in Washington but does not have an officer in Washington, a lawsuit against the corporation may be commenced in any county where the cause of action arose or where the corporation has property. As a practical matter, one can often find a corporation’s registered agent by visiting the Washington Secretary of State website at http://www.sos.wa.gov/corps/Default.aspx. Service on a foreign corporation can also be accomplished by a number of methods. For example, service can be accomplished in conformance with any internationally agreed means of service that is reasonably calculated to give notice (e.g. the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents), as prescribed by the foreign country’s law, as the foreign authority directs in response to a letter rogatory or letter of request, or unless prohibited by the foreign country’s law, by using any form of mail that the Court clerk addresses, sends and requires a signed receipt.
A response to the complaint is called an answer. A defendant’s answer must respond to each of the plaintiff’s allegations by admitting, denying or pleading a lack of sufficient information to admit or deny the allegation. At the time a defendant files an answer, the defendant must raise whatever affirmative defenses they may have. The defendant may also assert claims against the plaintiff called counterclaims. In addition, the defendant may serve and file a third party complaint in which the defendant seeks to join another party in the action if the defendant believes the party may be liable for some or all of the plaintiff’s damages. Finally, a defendant may assert a claim, known as a crossclaim, against another defendant already named in the case by plaintiff.
A decision that must be made when either initiating or responding to a lawsuit is whether to request a jury trial. A jury is a group of people convened to render an impartial verdict on the factual questions of the dispute. When a jury is not demanded by a party, the judge decides all factual and legal questions. There are both good and bad reasons to utilize the jury system. Whether the good outweighs the bad will depend upon advice from your lawyer who considers the particular facts of your case and the judge assigned to hear it.
The court in which a complaint is filed issues a summons to the defendant. The plaintiff must deliver the summons, along with a copy of the complaint, to the defendant. The process of delivering a summons and complaint to a defendant is called service. Service of the summons and complaint must be done in compliance with the rules of the court. A summons and complaint may be personally delivered to the defendant, left at the defendant’s home with someone of suitable age and discretion who also resides at the defendant’s home, or delivered to an agent authorized by law to receive service. Service on a domestic corporation can be accomplished by a number of methods including delivery of the summons and complaint to an officer or agent authorized to receive service. When a corporation is registered in Washington but does not have an officer in Washington, a lawsuit against the corporation may be commenced in any county where the cause of action arose or where the corporation has property. As a practical matter, one can often find a corporation’s registered agent by visiting the Washington Secretary of State website at http://www.sos.wa.gov/corps/Default.aspx. Service on a foreign corporation can also be accomplished by a number of methods. For example, service can be accomplished in conformance with any internationally agreed means of service that is reasonably calculated to give notice (e.g. the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents), as prescribed by the foreign country’s law, as the foreign authority directs in response to a letter rogatory or letter of request, or unless prohibited by the foreign country’s law, by using any form of mail that the Court clerk addresses, sends and requires a signed receipt.
A response to the complaint is called an answer. A defendant’s answer must respond to each of the plaintiff’s allegations by admitting, denying or pleading a lack of sufficient information to admit or deny the allegation. At the time a defendant files an answer, the defendant must raise whatever affirmative defenses they may have. The defendant may also assert claims against the plaintiff called counterclaims. In addition, the defendant may serve and file a third party complaint in which the defendant seeks to join another party in the action if the defendant believes the party may be liable for some or all of the plaintiff’s damages. Finally, a defendant may assert a claim, known as a crossclaim, against another defendant already named in the case by plaintiff.
A decision that must be made when either initiating or responding to a lawsuit is whether to request a jury trial. A jury is a group of people convened to render an impartial verdict on the factual questions of the dispute. When a jury is not demanded by a party, the judge decides all factual and legal questions. There are both good and bad reasons to utilize the jury system. Whether the good outweighs the bad will depend upon advice from your lawyer who considers the particular facts of your case and the judge assigned to hear it.