The first (1st) tip is make sure you properly respond to a complaint or lawsuit within a timely manner. Generally, a Defendant has thirty (30) days to file an answer or otherwise plead. A Motion for Default Judgment is required before ex parte default judgment is granted unless the Defendant does not show up for court on the first trial date.
The second (2nd) tip is if you get a default judgment or an ex parte judgment, which means that the court has found against you because you failed to show up for court. Make sure you file a Motion to Vacate a Default Judgment within 30 days after entry of your default judgment.
The third (3rd) tip is timely respond to discovery requests. Discovery is the information that a Plaintiff or Defendant is entitled to to determine the validity of their case.
Sean Robertson is a civil litigation attorney and may be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.
This is a blog focused on issues related to commercial and civil litigation in the areas of Cook, Dupage, and Will Counties of Illinois.
Friday, February 25, 2011
Wednesday, February 2, 2011
What is Discovery in civil or commercial litigation?
Discovery is where the Plaintiff and Defendant have a legal right to access all of the relevant information and documents that the other side has prior to trial. Discovery assists the Plaintiff or Defendant whether they want to settle or not.
Discovery also includes a deposition which is also called a "Discovery deposition". Generally, in Illinois, discovery is broken down into two (2) documents called "Production of Documents" and "Interragatories". Production of documents is essentially the documents that the Plaintiff or Defendant possess or may want to use at trial. For example, the Plaintiff mails a three page Production of Documents request to the Defendant for all documents that arise out of the Plaintiff's complaint (lawsuit) and Plaintiff wants to know all the documents that the Defendant may use at trial. Defendant is under a legal duty to disclose all the documents that they may use at trial, or Defendant may be barred from using the information. Production of documents are critical in civil or commercial litigation matters in the Circuit Courts of Cook, Dupage, or Will County. Your civil or commercial litigation attorney should use Production of Document's request to determine how strong their opposing attorney's case is. Often times, discovery request is used as a weapon to run up the legal fees on a Defendant or Plaintiff that may lack funds to properly defend themselves. Thus, the Defendant or Plaintiff's goal is to get the opposing attorney to withdraw from legal representation and beat Defendant or Plaintiff by utilizing the Plaintiff or Defendant's lack of knowledge of the court system.
Interragatories are similar to production of documents except that interragatories request information about interviews or statements that a party may know of or who was present as a witness or know anything about the heart of the complaint or lawsuit. Again, interragatories is seeking to know information, so that side can determine whether they need to interview a witness that they did not know about.
Sean Robertson is a civil and commercial litigation attorney with extensive experience in asset protection and liability protection for individuals, families, and business owners. Sean Robertson can be reached at either (312) 498-6080 or (630) 364-2318. Robertson Law Group, LLC has offices in downtown Chicago and Naperville.
Discovery also includes a deposition which is also called a "Discovery deposition". Generally, in Illinois, discovery is broken down into two (2) documents called "Production of Documents" and "Interragatories". Production of documents is essentially the documents that the Plaintiff or Defendant possess or may want to use at trial. For example, the Plaintiff mails a three page Production of Documents request to the Defendant for all documents that arise out of the Plaintiff's complaint (lawsuit) and Plaintiff wants to know all the documents that the Defendant may use at trial. Defendant is under a legal duty to disclose all the documents that they may use at trial, or Defendant may be barred from using the information. Production of documents are critical in civil or commercial litigation matters in the Circuit Courts of Cook, Dupage, or Will County. Your civil or commercial litigation attorney should use Production of Document's request to determine how strong their opposing attorney's case is. Often times, discovery request is used as a weapon to run up the legal fees on a Defendant or Plaintiff that may lack funds to properly defend themselves. Thus, the Defendant or Plaintiff's goal is to get the opposing attorney to withdraw from legal representation and beat Defendant or Plaintiff by utilizing the Plaintiff or Defendant's lack of knowledge of the court system.
Interragatories are similar to production of documents except that interragatories request information about interviews or statements that a party may know of or who was present as a witness or know anything about the heart of the complaint or lawsuit. Again, interragatories is seeking to know information, so that side can determine whether they need to interview a witness that they did not know about.
Sean Robertson is a civil and commercial litigation attorney with extensive experience in asset protection and liability protection for individuals, families, and business owners. Sean Robertson can be reached at either (312) 498-6080 or (630) 364-2318. Robertson Law Group, LLC has offices in downtown Chicago and Naperville.
Tuesday, February 1, 2011
What is an Answer and Verified Answer?
An answer in the State of Illinois is a response to somebody's complaint, which answers your response per Paragraph or per factual allegation. An answer does not have to be sworn under oath and does not have to be notarized.
A verified answer is a response to a complaint or lawsuit that must be filed under oath and notarized. It is important to answer a verified complaint with a verified answer. A verified complaint is a lawsuit filed by the Plaintiff in Illinois under oath by somebody that knows of the facts and statements indicated in the complaint.
Sean Robertson is a civil and commercial litigation attorney that practices in the areas of Cook, Dupage, and Will Counties. Sean Robertson can be reached at (312) 498-6080 or (630) 364-2318.
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A verified answer is a response to a complaint or lawsuit that must be filed under oath and notarized. It is important to answer a verified complaint with a verified answer. A verified complaint is a lawsuit filed by the Plaintiff in Illinois under oath by somebody that knows of the facts and statements indicated in the complaint.
Sean Robertson is a civil and commercial litigation attorney that practices in the areas of Cook, Dupage, and Will Counties. Sean Robertson can be reached at (312) 498-6080 or (630) 364-2318.
Key words: Circuit Court of Cook County Answer, Circuit Court of Cook County verified answer, Circuit Court of Dupage County answer, Circuit County of Dupage County verified answer, what is verified answer?, what is answer?, answer attorney Chicago, answer attorney Naperville, answer attorney Dupage County
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