Williams McDaniel, P.C.

To an inexperienced non-lawyer, the thought of being involved in a lawsuit can be distressing to say the least.  People often say they have a "fear of the unknown" when discussing a pending lawsuit.  The steps involved in bringing a lawsuit to trial can be summarized as follows:

Complaint

The Complaint is the document which the plaintiff files with the court clerk to commence the lawsuit.  It sets out the basis of the plaintiff's claim.  It should identify the parties, explain how the plaintiff feels he/she has been wronged, and what the plaintiff is seeking to recover from the defendant.

Summons

Along with the Complaint, the plaintiff files a Summons.  This document, along with a copy of the Complaint, is served on the defendant by the sheriff or a private process server.  The Summons explains that the defendant must file a response (an "Answer") within a certain number of days after service of the Summons.

Answer

The Answer is the defendant's written response to each of the statements contained in the Complaint.  If supported by the facts, the defendant may also submit a counterclaim or a third-party claim.

Discovery

After the case is "at issue" (after the Complaint has been filed and served and an Answer has been filed), the case generally moves into the "discovery" phase.

1.         Interrogatories.  These are written questions submitted by one party to the other party.  Usually these questions seek to obtain general information (identity of witnesses or others who have knowledge of the facts in dispute, basis for the claims or defenses being asserted, etc.).  The receiving party must file timely written responses, and these responses must be signed and notarized.  The result is that these responses have the same effect as sworn testimony.

2.         Requests for Production of Documents.  Either party can file written requests asking the other party to produce copies of documents which pertain to the dispute.

3.         Requests for Admissions.  If either party wants to have the other party admit certain facts (thus reducing the issues in dispute which must be proven at trial), that party can submit written Requests for Admissions asking the recipient to admit or deny the truth of the specific statements contained in the request.  If the recipient fails to file responses timely, then the requested items may be deemed admitted for the purposes of the pending trial.

4.         Depositions.  A deposition is a semi-formal process whereby the testimony of a party or witness can be obtained and recorded under oath.  It is less formal than testimony in open court, but it is more formal than a casual discussion around a conference table.  Generally, depositions take place in the lawyer's conference room.  All parties and their counsel are permitted to attend.  A court reporter is also present.  If requested (and paid for) by a party, the court reporter will be responsible for the preparation of a verbatim transcript of all that is said during the deposition.  This transcript of testimony is then available for use at trial in accordance with the Rules of Evidence.

5.         Motions. The Tennessee Rules of Civil Procedure allow parties (or their attorneys) to file written Motions.  Typically, Motions are used to address a variety of procedural or evidentiary issues while a lawsuit is pending. In most circumstances, the judge will review the Motion (and any response filed by the opposing party) and will then let the lawyers argue their respective positions concerning the Motion at a scheduled hearing.  The Court will then rule on the Motion (either grant or deny the requested relief).

6.         Trial.  If the lawsuit is not resolved (either through mediation or a negotiated settlement) or dismissed by the judge based upon the applicable law presented by a Motion to Dismiss or other proper Motion, the case will be set for trial.  If neither party has filed a written request for a jury trial (either in the Complaint or the Answer), then the case will be decided by the judge (a "bench trial").  On the other hand, if either party has properly and timely requested a jury, the case will be set for trial before a jury.

7.         Appeal.  If either party is dissatisfied with the outcome at trial, he/she may wish to appeal that judgment (or jury verdict).  There are certain specific filing requirements and filing deadlines which must be satisfied in order to pursue such an appeal.

IMPORTANT NOTE & DISCLAIMER:  This article is NOT an exhaustive or comprehensive description of the litigation process.  Instead, it is only a basic outline of those steps frequently encountered in litigation.  There are numerous rules and statutes which impact the process.  Also, much of the foregoing information is NOT applicable in General Sessions Court (our small claims court).  If you are involved in a lawsuit, you should seek the advice and assistance of qualified legal counsel to represent you.  Nothing in this article should be construed as giving legal advice.

Alan R. Wolfe, 2011
Williams McDaniel, P.C.
5521 Murray Avenue
Memphis, Tennessee 38119
901-767-8200
www.wmww.com