Articles Posted in Litigation Process

A summons is a court form that orders the person named in it to appear in court.  A summons is usually thought of as the document that accompanies a complaint – the document by which one person describes the basis for a lawsuit against another.

The summons is delivered with the complaint and requires that the person sued answer or otherwise respond to the complaint within thirty days.  If no timely response is filed to the lawsuit, the court can determine that the person who filed the lawsuit has won the lawsuit. 

A summons of a different type is also used to require people to appear in court to serve on a jury.  This is called a juror summons.

A deposition is a tool used primarily in civil lawsuits for uncovering evidence before an actual trial.  In theory and in fact, depositions help resolve cases before trial because each person involved in the case can learn the facts from his or her opponent and from independent witnesses.

Depositions usually take place in a conference room in the office of one of the lawyers involved in the case.  One or more lawyers for each party to the lawsuit is present.  The parties to the lawsuit are often present, but need not be present unless they are going to testify. 

The deposition itself is sworn testimony.  The person giving the testimony is called the "deponent."  The deponent is asked questions by the lawyers for the parties in the case.  The questions and the answers to those questions are recorded by a court reporter and, sometimes, also recorded on video.  The deponent has a right to have his or her lawyer present.

I want to settle my personal injury case.  I would take less money now that I would later at trial, but I don’t want to make an offer and have the jury know that I will take less money that I would want it the case were tried.  Is the jury told about settlement offers?

Absent extraordinary circumstances, the jury is never told about any aspect of settlement discussions, must less the amount of any settlement proposal.

This is true even if the defense makes an offer before trial and then stands up and court and says you are entitled to nothing at all or an amount less than you were offered before trial.  All settlement discussions are "off the record" and thus are rarely admissible into evidence.

I have an automobile accident  case.  My lawyer is often on the phone when I call and my call is forwarded to his paralegal.  What do paralegals do?

You didn’t hire a lawyer, you hired a law firm.  In our firm a team of people works together to help every client.  The paralegal is an important part of the team.

Our law firm’s paralegals are very involved in every case.  They help us communicate with clients and do many other important tasks.

The general rule in Tennessee is that a personal injury lawsuit for an adult must be filed within one year of the date of an incident causing an injury.   The failure to file a lawsuit on time will result in a loss of the right to bring a claim even if the case is otherwise valid

There are several exceptions to that rule, some that shorten the period in which a lawsuit must be filed and other exceptions which lengthen the period for action.  For instance, if you are injured by a defective or unreasonably dangerous product you must bring your claim within one year of the date of the injury but also within ten years of the date the product was sold to the first user or consumer.  

For example, assume that you were hurt on January 31, 2012 because of a defect in a car that was sold to the first user or consumer on June 30, 2002.  Under Tennessee law, you would have only five months to file a lawsuit against the car manufacturer or the manufacturer of the part or parts that were defective.