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Legal Research Centers of West Virginia |
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Basic Steps In A Lawsuit |
1.
File the Complaint. The
person starting the case is called the Petitioner or
Plaintiff.
The Plaintiff files a written statement, the Complaint,
with the Magistrate, Family or Circuit Court Clerk.
The Complaint explains
what the Plaintiff is claiming has been done to him or her and how he or she
should be
repaid or the remedy sought from the court.
After the Complaint is filed, it must be delivered to the person
being sued.
2.
File the Answer. The person being sued
is either called the Defendant or the
Respondent.
S/he files a written response with the Court Clerk
telling their side of the story and sends it to the other side.
This is called an Answer.
3.
Prepare the case. Both
sides have time to gather evidence to
prove their case. Evidence
could include papers, photographs, or the testimony of witnesses.
4.
The
judge/magistrate holds a hearing. A
hearing is when both sides appear before the judge
or magistrate
to present their evidence to
prove their case.
5. The judge/magistrate makes a decision. The judge/magistrate may tell you his or her decision at the hearing. The judge/magistrate always enters a court order after the hearing even if s/he told you the decision at the hearing.