| The Discovery Process in Civil Lawsuits |
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| After a lawsuit is filed, both the plaintiff (the person suing) and the defendant (the person or company being sued) can engage in a process called discovery. Discovery is conducted before trial. The purpose of discovery is to allow a party to learn more about the pertinent facts of the case and the other party's evidence. The main tools used in the discovery process are depositions, interrogatories, and requests for documents. More... |
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| Service of Process -- Notice of a Lawsuit |
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| A lawsuit begins when a plaintiff (the party suing) files a complaint with the clerk of courts. The defendant (the person or company being sued) is given notice that a lawsuit has been filed and is "summoned" to appear before the court. Service of process means that the defendant is given notice of the lawsuit and a copy of the complaint that was filed. More... |
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| Using Mediation in Workers' Compensation Appeals |
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| Mediation is a method of alternative dispute resolution. A mediator (neutral third party) helps the litigants resolve their dispute in an informal process. The mediator facilitates negotiations and helps the litigants identify issues, problem solve, and explore settlement possibilities. The mediator has no authority to make a decision about the case. Mediation is increasingly being used to resolve appeals in workers' compensation cases.More... |
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| Judgments by Confession and Judgments by Warrant of Attorney |
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| A confession of judgment means the entry of a judgment on the confession (admission) of the defendant, usually a debtor. The defendant admits his or her liability for the debt. Judgments by confession are void as against public policy in some states, while other states permit judgments by confession. A warrant of attorney is a written document that gives an attorney the power to confess judgment against the defendant on a debt.More... |
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| Amicus Curiae |
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| Amicus curiae is a Latin term meaning a "friend of the court." An amicus curiae is not a party to the lawsuit but is a person or group that has a strong interest in the matter being litigated. The function of an amicus curiae is to bring to the court's attention law, facts, or circumstances in the pending lawsuit that might not otherwise be discussed by the parties to the lawsuit. An amicus curiae's intent is to influence the court's decision.More... |
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