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I am being sued. What do I do?

Civil cases are initiated when a formal complaint is filed with the court and served on you, the defendant. The first thing you need to do when served with a complaint is to immediately contact an attorney. Do not wait. As most complaints will state, there is a set period of time, usually around thirty days, in which you may legally respond to the claims (with an Answer or other legal information) when you are being sued before a default judgment is entered against you.

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Who can I bring to the mediation?

When you attend mediation, you may usually bring anyone with you that you believe will be helpful in helping you reach an agreement. The purpose of mediation is for you and the party you are having a dispute with to talk things through, listen to each other, compromise and come up with a plan that works. You will not present witnesses or put on a ‘case’ like you would in a trial, so the people you need to bring with you are those who may help you to come to an agreement at the mediation or whose opinion you will want before you decide to settle.

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Do mediators make recommendations to the courts?

Mediation is an out of court process where a neutral mediator listens to both parties in a prospective case and helps them reach an agreement. There are two types of mediators, a private mediator and a court-appointed mediator. The type of mediator determines the mediator’s role and whether or not they have the ability to make recommendations to the courts.

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How do I hire an arbitrator?

All that it takes to hire an arbitrator is for the parties to agree on a specific person or agency and contact them to determine if s/he is willing to take the case. If you have agreed to have the arbitration handled according to the rules of a particular association, the association may handle the process for you.

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What kinds of lawsuits do federal courts handle?

Federal courts are courts of limited jurisdiction. This means that unlike in state courts where you can file almost any type of lawsuit, by law, federal courts may only hear limited types of cases. Article III of the United States Constitution gives federal courts this limited right.

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Jurisdiction and Venue: Selecting the Right Court

Determining the appropriate jurisdiction and venue in which to file a lawsuit can be like trying to figure out a 1000 piece jigsaw puzzle. Some jurisdictional requirements are fairly straightforward. However, because every state has its own set of rules on where to file a law suit, the process of deciding exactly where you should file a lawsuit will depend on the jurisdiction and venue requirements for your state, any other state involved in your controversy, and the individual facts applicable to your case.

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What is the effect of denying petition for certiorari by the Supreme Court of the United States?

The denial of a Petition for Certiorari (aka Cert Petition) by the Supreme Court in a federal case means the decision of the Court of Appeals stands as the final decision. This does not mean that the Supreme Court either agrees or disagrees with the decision of the Court of Appeals, only that the case will not be reviewed. If the petition is denied, it has significance to the parties in the case, but it does not necessarily impact other cases.

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Can I take someone to court over a dispute?

If you are having a dispute with someone, you may be able to take the case to court to have it settled. There are a few basic requirements that you need to meet however. First, you need to be over the age of 18 years old. Second, you need to have a legally valid claim that you are seeking a remedy for. The remedy may be monetary damages (which is the most common remedy) or you may wish to compel someone to do something (i.e. you may be seeking specific performance) or not do something (with an injunction). You cannot, however, take a person to court to seek criminal remedies; only a prosecutor can do that. There may also be other limitations on your right to sue.

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