Frequently Asked Questions: Litigation
How does a lawsuit start?
Litigation begins when a person/business (the plaintiff) files a complaint against another business/person (the defendant) who must respond to the complaint. At this juncture, the defendant must determine whether to answer the complaint, move to dismiss the complaint, and/or whether there are any counterclaims or third-party claims it should assert. After the initial claims and responses are filed, cases generally proceed to the discovery phase.