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What to Expect as a Defendant in a Civil Suit

You 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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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Advice for Employers
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
      • Should I Accept a Severance?
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law >
      • Independent Contractor Test
      • Working As Independent Contractor
      • Hiring Independent Contractors in Massachusetts
      • Is My Independent Contractor Status Legal?
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
      • Can I Avoid My Non Compete?
    • Do I Have a Case?
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog