Anatomy of a Law Suit
ANATOMY OF A LAWSUIT By Stephen P. Horner Question: Like most people, I don’t really understand what happens in a lawsuit. Of course, I have seen the “Practice” and “L.A. Law,” but they usually only provide the exciting trial part of the case. I wish you would write an article — avoiding “legalese”, if possible! — which briefly describes what happens in a typical employment discrimination lawsuit. Muci C., Redding Response: Okay, Muci C., get ready. If I get too “legalistic,” give me a big yawn as a warning. The following “anatomy of a lawsuit” will, due to space constraints, briefly explain the various phases of a lawsuit in federal court. Since 90% or 95% of all lawsuits are resolved prior to trial, a typical employment discrimination case usually will be settled without a trial. The first step is normally for the employee’s attorney to send a “demand” letter to the employer in an attempt to resolve the dispute. If that doesn’t settle the issues, the next step is to file a discrimination claim with the appropriate state and/or federal administrative agencies. This requirement was established by Congress so that such claims could hopefully be investigated without flooding the courts with lawsuits. The agency handling the investigation attempts to settle the claim. The agency decides if there is “probable cause” to believe that discrimination occurred or not. If “probable cause” is found, further settlement talks will occur and the case will proceed to a public hearing if there is no settlement. Assuming that one’s claim has not been settled “administratively” as described above, the employee can either proceed to the CHRO’s public hearing or can file a lawsuit. The lawsuit is commenced as follows: Lawsuit Phases Complaint — A “complaint” is the legal term for the document which starts a lawsuit. Listed in the complaint are basically the plaintiff’s (the “plaintiff” is the person who is suing) allegations and claims, a description of who the parties are, a list of what remedies the plaintiff is seeking, and the jurisdictional grounds allowing the lawsuit. A “summons” is another document which is sent, with the complaint, to the defendant (the “defendant” defends against the lawsuit) to “summon” the person to court. Answer — As the name suggests, this document “answers” the claims and allegations which the plaintiff put in the complaint. In other words, the defendant is required to either admit or deny each paragraph of the complaint. After the answer is filed, both parties have a better understanding of each other’s position. The defendant is required to answer the complaint within 20 days. Discovery — This is the phase of a lawsuit where each party is allowed to “discover” what relevant evidence is in the hands of the other party. For example, the plaintiff can obtain copies of documents that would help to prove his/her case and can ask the defendant employer to answer written questions. Furthermore, he can take “depositions” of key witnesses. A deposition is where a witness is required to answer — under oath — oral questions while a court reporter records everything that is said. The defendant employer also has the right to obtain the same types of information from the plaintiff employee. Motions — Another fancy legal term. A motion is simply a document which asks (“moves”) the court to order something. There are many different types of motions, but some of the most frequently used are: to dismiss the lawsuit, to narrow the claims, to enforce “discovery,” and to win a lawsuit without having a trial. Please note that the motion is only the “tip of the iceberg.” Behind each motion is a great deal of research, discovery procedures, a lengthy brief arguing your position, and frequently a hearing before the court. Pre-trial Conferences — These are informal meetings between the judge and both parties’ attorneys. They are designed, in general, to allow the judge to effectively manage the progress of the lawsuit, to narrow the disputed issues, to resolve disputes, and to hopefully settle the lawsuit. Trial — Most people know that the trial is when an impartial third party — a judge or a jury — listens to all the evidence presented and then decides if the law was violated or not. Only about 5% to 10% of the cases ever get to trial as mentioned earlier.
