What Should I Expect if I am a Plaintiff in a Civil Lawsuit?
Important Information for Plaintiffs in Civil CasesIf you are considering bringing a civil lawsuit against someone else, it is important that you have an idea what to expect- for most of our clients, this is a new experience, and something they don't do more than once in their lifetimes.
Here are the highlights: The document your lawyer files with the court to start the lawsuit is called a complaint. There is usually a 2-3 week period after the complaint is filed in which the defendants are formally served, then another 20 days or more after that before they file their answer. It is only after both the complaint and answer are filed that the court sets a schedule for discovery. 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 defendant. 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. The defendant may file a motion for summary judgment at the end of discovery- if they believe the documentary evidence and testimony supports their legal defenses, they will ask the court to dispose of the case before trial. This is something to be taken seriously in the response, but the fact that a motion is filed should not cause you too much alarm. 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 plaintiff in a civil lawsuit. |
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Meet Our Trial Attorneys
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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