What is the process for filing a lawsuit?
The process for filing a lawsuit in Hawaii is similar to that of other states. The first step is to draft a complaint, which is a document outlining the facts of the case. The complaint will need to be filed with the appropriate court in the state and the appropriate filing fee will need to be paid as well. Once the complaint has been filed, it must be served to the defendant. The plaintiff must arrange for service, typically by a certified process server, and must also provide a proof of service to the court. After the defendant is served the complaint, he or she must respond with a written answer. The defendant may also file a counterclaim, which is a complaint against the plaintiff. Once the defendant has filed an answer or counterclaim, the case is ready for discovery. During discovery, the two parties exchange information and evidence related to the case. This may involve depositions and interrogatories. If the parties cannot settle the case during the discovery phase, the case will proceed to trial. At trial, witnesses may be called to testify and the evidence presented to the jury. The jury will decide the outcome of the case. If either party is unhappy with the jury’s decision, they may appeal to a higher court. Depending on the outcome of the appeal, the decision may be reversed or affirmed. This typically concludes the lawsuit process.
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