The Legal System

COMMENCING THE PROCEEDINGS

Any individual or entity wishing to have a dispute heard by the court must file a formal Complaint. The Complaint must tell the party being sued (the defendant) the conduct he engaged in that damaged the party suing (the plaintiff). In most instances, the plaintiff also must state the amount of damages he suffered as a result of the defendant's conduct.

After the plaintiff files the Complaint in court, he must notify the defendant that the defendant is being sued. The notification occurs when the defendant is served with a copy of the Complaint by a process server.

There are several different courts in which a Complaint may be filed. Complaints where the amount of damages the plaintiff is seeking (amount in controversy) does not exceed $25,000.00 are usually filed in the Municipal Court. Complaints containing an amount in controversy in excess of $25,000.00 are usually filed in the Superior Court. Other cases, involving Federal law, or involving a situation where all of the parties to the lawsuit are residents of different states (diversity jurisdiction) are filed in the United States District Court, which is also called Federal Court. The procedures, rules and regulations discussed herein apply primarily to State Court actions (Municipal and Superior Court).

After the defendant has been served with the Complaint, he normally has thirty (30) days from the date he was served to file a formal response to the Complaint with the court and to mail a copy of the response to the plaintiff, or to the plaintiff's attorney, where plaintiff is represented by an attorney.

Often the defendant will request additional time to respond to the Complaint. The courts encourage plaintiffs to grant defendants an additional fifteen (15) days to file a response. In the event the plaintiff refuses to grant an extension to file a response, the defendant may obtain one anyway by applying to the court for such an extension. The court may also require the plaintiff to pay the defendant's attorney fees for the defendant having had to approach the court for an extension when it should have been granted voluntarily by the plaintiff.