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Show Legal Lines Lawsuits and you By TAMARA J. HAUGE Editor's Note: Legal Lines author Tamara J. Hauge is a practicing attorney with the legal firm Dan Adamsorj and Associates. She specializes In domestic law, as well as general practice. Tamara is featured regularly on the KALL radio program "Legal Eagles," and is counsel for several parental right groups in the Salt Lake Valley. She can be reached at her firm, 5250 S. 300 W., Suite 255, Salt Lake City, Utah 84107, or by telephoning 262-5885. Her column is a regular feature of the Davis County Clipper. What do the following individuals have in common: Maria keeps receiving hospital bills from the time that she had her appendix removed. She doesn't have the money to pay the bill so she just ignores the statements. One of Susan's neighbors slipped and fell on Susan's snowy front porch steps, breaking her ankle. Susan's homeowner's insurance claim adjuster refused re-fused to pay anything when the neighbor makes a claim. John and his business partner Gordon don't enjoy working together the way they used to. They can't agree as to how to divide up the assets and liabilities of their business so each can go his separate way. These individuals have something in common they are about ab-out to be sued. What happens when a person is sued? How does a lawsuit begin, and how long does it take until a trial date is set? A lawsuit begins with a complaint being filed with the court, and a copy of the complaint and a summons being served on the defendant, or person sued. For example, one day Maria answers the door and a process server hands her a summons and complaint from the hospital a where she had her appendix removed. Maria has now been "served" and she has 20 days to file an answer. Even if Maria tells the process server that she refuses to accept the papers , she will still be held responsible to respond to the complaint, and a default may be entered if she does not answer in 20 days. The complaint which is filed at court and served on the defendant is a document which briefly sets forth facts which entitle the plaintiff or person suing to relief in court. For example, exam-ple, in Maria's case the complaint states that Maria incurred a bill at the hospital and that she has not paid it. The complaint asks that the hospital be given a judgment for the amount of the unpaid bill. A complaint can also ask for other types of relief besides a money judgment; for example, in the complaint that John filed against Gordon, John asked that Gordon be held responsible for certain partnership debts, and that Gordon turn over some financial records which Gordon has refused to do. Within 20 days of being served, the defendant must file an ft X answer which is a document stating whether the defendant admits or denies the facts set forth in the complaint. After the answer is filed, the parties enter a period called "discovery." "Discovery" is a period which both parties are able to ask each other questions about any facts which are or may be relevant to the lawsuit. Discovery can involve a request to produce documents, photographs, witnesses, and exhibits which will be used in trial. In some cases very little discovery is done, and in other cases discovery can last for years because so many documents must be examined and so many witnesses must be questioned. When it comes to discovery, every case is different, and the amount of discovery which is done depends on how much money is at stake in the lawsuit, and how much money the parties can pay for attorney's fees and other costs. For example, in the case of Susan's neighbor breaking her ankle probably about 5 to 10 hours will be spent by both attorneys to determine that Susan's neighbor really did fall and break her ankle on Susan's porch; they will investigate the seriousness of the injury, in-jury, and whether the neighbor has ever injured that ankle previously; finally, they will investigate whether Susan's failure to clear the porch was negligent. Did Susan know the porch was snowy? Was it snowing so hard that it was virtually impossible to keep it clear? Did Susan regularly shovel the steps, or did she allow the snow to build up to a dangerously slippery condition? Once discovery is completed to the satisfaction of both parties, par-ties, then a trial date is set, and the parties begin trial preparation. prepara-tion. Preparation can be extensive or limited depending on all the factors listed above. Of the examples described in the first paragraph of this article, arti-cle, which lawsuit do you think will require the most discovery? If you guessed John and Gordon's case you are probably right. John and Gordon will have to examine all of the relevant business busi-ness records and this may be quite time consuming. It will be absolutely necessary that they have a good grasp of the facts contained in the records, however, since the judge will base his or her decision on the presentation of these facts. |