www.CharlesJeromeWare.com. "Here to make a difference."
The national law offices of Charles Jerome Ware, Attorneys & Counselors, LLC, are headquartered in Columbia, Howard County, Maryland near the Columbia Mall downtown. Among Attorney Ware's numerous awards and achievements are his ranking as a "U.S. Super Lawyer" as well as his ranking and recognition by his many satisfied clients and legal peers as one of Maryland's "Best 10" Attorneys.
For an initial courtesy consultation, feel free to call Attorney Ware and his colleagues at (410) 730-5016 or (410) 720-6129. We can help you.
LAWSUIT
A lawsuit or (very rarely) "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.
A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party in a civil case, as plaintiff, or defendant regarding an injury, or may provide the state with a civil cause of action to enforce certain laws.
The conduct of a lawsuit is called litigation. The plaintiffs and defendants are called litigants and the attorneys representing them are called litigators. The term litigation may also refer to criminal trial.
PLEADING
A lawsuit begins in Maryland when a complaint is filed with a county or Baltimore City district, or a county or Baltimore city circuit court, or the U.S. District Court. This complaint states that one or more plaintiffs seeks damages or equitable relief from one or more stated defendants, and identifies the legal and factual bases for doing so. It is important that the "plaintiff selects the proper venue with the proper jurisdiction to bring his lawsuit."
The clerk of a court signs or stamps the court seal upon a summons, which is then served by the plaintiff upon the defendant, together with a copy of the complaint. This service notifies the defendants that they are being sued and that they have a specific time limit to file a response.
By providing a copy of the complaint, the service also notifies the defendants of the nature of the claims. Once the defendants are served with the summons and complaint, they are subject to a time limit to file an answer stating their defenses to the plaintiff's claims, including any challenges to the court's jurisdiction, and any counterclaims they wish to assert against the plaintiff.
In a handful of jurisdictions such as Maryland a lawsuit begins when one or more plaintiffs properly serve a summons and complaint upon the defendant(s). In such jurisdictions, nothing must be filed with the court until a dispute develops requiring actual judicial intervention.
[see, legal book, Understanding the Law: A Primer, by Attorney Charles Jerome Ware (2008); The Lawsuit Survival Guide, Joseph L. Matthews; "Civil Litigation: The official Guide to Legal Specialties, NALP]
If you live in Maryland, or even more specifically in Howard County, and you think you might be the victim of a legal wrong (tort or contract breach), you may want to sue over the wrong if it's worth doing so, to recover compensation or other relief from the person or institution who wronged you. Contact us for advice, consultation and/or representation to help you in your next step. We can help you.
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