If you are being sued or if
you need to sue someone, Ron
Greve and Doug Dinning both
have reputations as
aggressive litigators.
Civil litigation is not at
all like what you see on TV.
Courtroom surprises and
dramatic admissions by the
other side's star witness do
not happen in the real
world.
More than 90% of all cases
are settled before Trial.
Modern discovery rules force
disclosure of all
significant evidence well
before Trial. The key to a
successful settlement is
using the discovery rules to
emphasize the strengths of
your case and the weakness
of your opponent's case.
Generally, the side that is
the most prepared achieves
the best results. Ron and
Doug know how to work a case
to get the evidence that
will produce a good
settlement. If the case does
go to Trial, the preparation
will give you a better
prospect of winning.
The normal civil case begins
with the filing of a Summons
and Complaint with the court
and paying the filing fees.
The Complaint is an outline
summary of the facts of the
dispute and the relief you
are asking for. You are
known as the Plaintiff.
The Summons and Complaint
must be served on the party
you are suing (the
Defendant). There are a
number of ways of getting
service, but the most common
is by having a professional
Process Server personally
deliver the papers.
The Defendant has a period
of time, usually 21 days, to
file a written Answer to the
Complaint.
If an Answer is not filed,
the Plaintiff can get a
Judgment by Default against
the Defendant for all the
relief asked for in the
Complaint.
If the Defendant does file
an Answer, the case goes
into a period of Discovery
which can last from several
months to several years
depending on the complexity
of the case. During
Discovery, either party can
examine witnesses, including
the other party, under oath
in front of a Court
Reporter. These Depositions
can be transcribed and used
as evidence at trial. The
parties are also able to
subpoena any relevant
records or documents, no
matter who has custody of
the documents.
At the close of Discovery,
the court will schedule Case
Evaluation. A panel of three
attorneys will listen to
oral and written summaries
from both sides and will
make a settlement
recommendation. A party that
rejects the recommendation
must do better at trial or
will be required to pay the
attorney fees of the other
party.
Many judges will also use
Mediation, where a neutral
attorney meets with the
parties and tries to
negotiate a settlement.
If all else fails, the case
is scheduled for Trial. In
most cases, either party can
ask for a Jury Trial. Many
cases are tried by a Judge
without a Jury.
A Trial is concluded with a
Judgment which either
dismisses the case or which
requires the Defendant to
pay money to the Plaintiff.
There are other types of
remedies available in some
cases.
Either party has the right
to Appeal an unfavorable
Judgment to a higher court.
Most appeals must be filed
within 21 days. The higher
court reviews the record and
written Briefs of the
parties and decides if the
lower court made a mistake
that would justify reversing
the Judgment.
Once you have a Judgment,
you can use Court procedures
to garnish the paycheck of
the Defendant, seize bank
accounts, cars, boats, real
estate and anything else of
value owned by the
Defendant. A Judgment is
valid for 10 years and can
be renewed for another 10
years. Unpaid Judgments also
earn interest at a rate that
is tied to certain national
indexes. The rate changes
every six months.
Litigation is expensive and
should really be a last
resort. Sometimes you have
no choice. In these cases,
Doug and Ron can give you
the best chances of success.