The filing process that was created by the legal system was meant to inform both the court and the defendant about the charges that have been made against the defendant.
Initial step in filing process: file a complaint
• Give the name of the plaintiff
• Give name of defendant
• Identify the court in which the hearing will take place; explain why that is the proper court to use for the submitted lawsuit.
• State the legal basis for the submitted allegations
• Include the size of the plaintiff’s demand
After filing the complaint, serve a summons and complaint on the defendant
The action of serving the summons and complaint should be completed within 30 days of the date when the complaint was submitted to the court. The plaintiff has the right to appoint a suitable adult to perform the act of delivering the summons and complaint, as per personal injury lawyer in Markham.
If the plaintiff or the plaintiff’s representative were to encounter problems, while trying to serve the summons, then the plaintiff would have the right to ask the court for an extension of that 30-day period.
According to the process, litigation cannot begin until the defendant has issued a response.
The defendant’s response could include a denial of the veracity with respect to one or more of the plaintiff’s allegations. As another possible response, the defendant would have the right to move for dismissal of the proposed case. If any defendants were to decide to take that action, the court would have to rule on the request for dismissal. If the court were to rule in the defendant’s favor, there would be no further action on the plaintiff’s lawsuit. If the court were to rule against the defendant’s proposed dismissal, then the next stage in the litigation process could be scheduled.
In addition to the defendant’s request/response, the court could also rule on the plaintiff’s right to move forward with the lawsuit.
If the deadline, as stated in the statute of limitations had passed, then the court’s ruling would prevent any further action on the filed lawsuit. If the materials submitted by the plaintiff did not include evidence of the essential elements of negligence on the defendant’s part, then the court would not allow for furtherance of action on the submitted lawsuit.
If, in the court’s opinion, the legal basis for the lawsuit, as stated in the complaint did not have an acceptable level of soundness, then, again, the court’s action could block initiation of the proposed lawsuit.
If, in the court’s opinion, the plaintiff had failed to identify in the submitted complaint the proper court system for a consideration of the proposed lawsuit, then the court would not agree to consider that same suit/complaint.
