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How to File a Lawsuit

This guest post is from Ms. Victoria Heckstall, who is a legal writer who writes about various topics such as stryker hip replacement and how one would file a lawsuit.

When it comes to filing a lawsuit, there are a few things you need to know before doing so. There are some steps you will need to take for the lawsuit to be successful. Don’t go blindly into filing a lawsuit when you can be prepared beforehand and know what to expect through every step of the process.

Filing the Petition

The first step in filing a lawsuit is for the plaintiff to bring the matter into the hands of the county or district court. Once the lawsuit becomes active, the process is then known as litigation. The defendant is then served a summons to appear in court. The serving will normally be done in person. Then the defendant will have a certain period of time to file an answer with the court. The answer must be filed in the court, and will then be an official response to the plaintiff who filed the lawsuit.


The next stage in filing a lawsuit is called Discovery. Discovery is when the plaintiff and the defendant go through a process in finding the information they need to help them with the lawsuit. This is when the plaintiff and the defendant will look for information to support themselves on the claim. If they do not respond to the discovery, legal actions will be taken against them.


Sometimes a motion will need to be filed as well. A motion is a written document which asks the court to do something. A motion may be filed by the plaintiff if or when the defendant fails to respond to the lawsuit.


Next will be the mediation. Mediation is normally ordered by the judge before the trial begins. Mediation means that both parties to the lawsuit meet with a mediator, and the mediator reviews the facts of the case and reaches a decision.

Ruling and Judgment

If mediation fails to settle the case, the lawsuit will go to a trial, either before a judge or a jury. The ruling will either be for the plaintiff or the defendant, whoever has the best evidence to support their side.

Filing a lawsuit is not easy and it might be easier for the defendant and the plaintiff to have a lawyer help them with their case. You can find a lawyer in your area who will represent you in civil matters.

If you find yourself needing to file a lawsuit, make sure you know what you are doing throughout the entire process beforehand. You don’t want to just jump right in before knowing everything about filing a lawsuit. Make sure you have everything you need in order to file a lawsuit as well, so you will win your case.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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