Willis & Henderson, P.A., has substantial experience litigating cases of all kinds. Litigating a case can be a long and tiring process, and you need a lawyer who can stay the course, and work for the solution that is best for you. We encourage litigants to reach agreements to resolve cases, rather than allowing a stranger (the judge) to decide how it should go. But if taking a matter to trial is required, Willis & Henderson, P.A., is ready to do what it takes. With a few exceptions, you are not required to have a lawyer represent you in court. The process is so complicated, however, that unless your matter is very simple, you would benefit from using a lawyer to represent you. So, whether you have been sued by someone, or you wish to sue someone, contact us to discuss the matter. What happens if I've been sued? If you have been sued, and you wish to contest the matter, then you need to respond within a certain length of time. If you have been sued in the district court, then you have 15 days to file a "Notice of Intention to Defend," which is normally attached to the papers you are given. If you have been sued in the circuit court, you have 30 days to file an answer, unless you reside out of state, in which case you normally have 60 days. The papers you are given will tell you which. What if I want to sue someone? If you have a claim against another person or a business, then you must file a complaint in either the district court or the circuit court. The court you choose depends on several factors, including the value of the case and the type of case it is. It also depends on whether you want a jury trial or not. For example, the district court has jurisdiction over smaller cases and does not have jury trials. The circuit court has jurisdiction over larger cases, has jury trials, and has jurisdiction over certain cases that the district court does not, such as injunctions. Once the complaint is filed, the clerk will issue a summons to the person or persons being sued. You need to serve the summons and complaint on them by having someone other than you place it in their hands. They have a certain length of time to respond. Once they respond, the case has been brought to issue and the litigation process begins. How long will it take? Litigation can be resolved rapidly through agreement, or it can be dragged on for years. To a great extent, it depends on you, and whether you are willing to come to a resolution, even if you don't get everything you want. After an answer is filed the court will normally issue a scheduling order that lays out in some detail how long the case will take. Courts are very sensitive to moving cases through the system, and expect the litigants to actively prosecute or defend their case. The scheduling order is not written in stone, but it can only be changed via court order. How much will it cost? Litigation can be very expensive. With the exception of certain cases that are done on a contingency fee, such as an automobile accident case, litigation is billed hourly. In addition to the hourly fee, there will be expenses, such as the cost of court reporters for depositions, expert witness fees, copying costs, and other expenses. If I lose will I still pay a fee? The short answer is yes. Unless we agree otherwise, which will be in the form of a written agreement, then you will still need to pay the fee. We cannot guarantee the outcome of any case. When you come to us with your problem we will evaluate it based on what you tell us, and any evidence you might have, and give an opinion as to whether you have a case. That is only an opinion. Also, the law is not a black and white as most people think, and although you may have a good case, that does not mean that you will win. Do I pay for a consultation with you? Yes. We normally charge our usual hourly fee for a consultation. Ask the person you talk to on the phone what that is. Information of District Court Actions |
Click Here to request a free telephone consultation |