A guide to legal terms and the legal process. Helpful to read before you hire a lawyer.
1
Initial Interview
An initial interview is the starting point of a case. At that time, the attorney/law firm gathers information, evaluates your case and allows you to evaluate and determine if you wish to hire the attorney. Linder Law Office does not charge for initial interviews.
2
Initial Pleadings
Almost every legal case begins with a legal pleading. It may be a Petition, Complaint, Motion, etc. This is the document that identifies the parties, the cause of action and the type of relief requested. Almost every initial pleading requires a filing fee in the court in which it is filed.
3
Service of Process
This is typically where a legally authorized process server (deputy sheriff or private process server) takes the initial pleading to the other party and gives it to them. There is usually a fee for this service.
4
Responsive Pleading
This is a document filed in response to the initial pleading. It may be an Answer, Response, Motion to Dismiss or Counter-Petition. This document is a legal response to the initial pleading and “answers” the initial pleading and puts forth any defenses or counterclaims to the initial pleading. The side filing a responsive pleading will have to pay a fee to the court to file these pleadings.
5
Evidence
This is a specific legal term with legal meaning. Evidence may be written/printed documents, testimony by parties and by individuals on behalf o the parties and electronic documentation. If you are a party to a lawsuit, you may be required to retain and preserve evidence. The Federal and State Courts have rules about evidence – what may be admissible or inadmissible. For example: something you hear someone else say may not be admissible as hearsay.
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