A transcript, lightly edited for readability, of a Real Life Law segment from Gardiner Koch Weisberg & Wrona, originally broadcast on 96.1 WLKG in Lake Geneva, Wisconsin.
Transcript
The topic today is how civil cases start. We read in the newspapers about a new case that’s proceeding to trial, but we often don’t know much about how the case actually begins.
Cases begin with the filing of a complaint. That is a document that sets out the allegations, the statements the plaintiff believes to be true, that would support the claim. The complaint can be short or long, but it has to set out the elements of the causes of action in the case.
Once a complaint is filed, it’s given to a sheriff or a process server to serve on the other party. That party receives the complaint, hires a lawyer, and the process begins.
The defendant then responds to the allegations in the complaint, potentially brings their own counterclaim against the plaintiff, and may raise affirmative defenses. The answer to the complaint generally contains simple responses: whether an allegation is admitted or denied, or whether the defendant doesn’t know whether it’s true. Affirmative defenses say that even if the allegations in the complaint are true, these defenses defeat those claims. And a counterclaim is simply another complaint, brought by the defendant.
That’s the first step in bringing a case: the complaint, the answer, potentially a counterclaim. Then you move on to the next stage, which is discovery.
This segment is general information, not legal advice for your situation. Laws change, and every case depends on its facts. To talk with an attorney, call (312) 362-0000 in Illinois or (262) 812-0864 in Wisconsin, or send us a message.
Related: Business Litigation · More Real Life Law segments