What Should I Expect if I am a Defendant in a Civil Lawsuit?
Important Information for Defendants in Civil CasesYou may have seen a lawsuit coming, or it may have come as a complete surprise. Or you may be in the middle of an employment or business dispute and wondering what it might look like if someone did actually take you to court.
Here are the highlights: You will be served with a document called a "summons," which should be attached to the Plaintiff's complaint. You have 20 days to file a response, though frequently once you retain an attorney they can get that date extended if necessary. When you respond, you can either move to dismiss the complaint or answer- note that it is generally difficult to dismiss at this early stage, because the court is required to believe the facts set forth in the complaint on a motion to dismiss. You will have the opportunity when you file your answer to assert any counterclaims you may have against the Plaintiff. You will be asked for documents and to answer written questions- this is called written discovery. It may feel intrusive, but the rules allow the parties to request a wide range of information. You will have the opportunity to make the same kinds of requests on the plaintiff. You will likely have to give deposition testimony, if the case does not settle before that point. This is usually at least six months or so out from when you file the complaint. Your attorney may advise that you file a motion for summary judgment at the end of discovery- if you believe the documentary evidence and testimony supports your legal defenses, you can ask the court to dispose of the case before trial. . Assuming no summary judgment is granted, the court will schedule a trial. it is not unusual these days for the trial date to be two years or more after you file the complaint. Learn more here about what to expect as a defendant in a civil lawsuit. |
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Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years, with a focus on complex business litigation. In 2009, she started the firm that became slnlaw. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year for a precedent-setting victory at the Massachusetts Supreme Judicial Court. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients with business and employment disputes. Emily has handled cases at every level of the state system, in the federal trial court, and before the First Circuit Court of Appeals.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has successfully defended numerous employers in the MCAD, and litigated other business and employment disputes throughout the state court system and in the federal trial court.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has litigated both plaintiff and defendant cases in the state court system, MCAD, and the federal trial court.
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