How does a person file a civil lawsuit?

Filing a civil lawsuit in Maine begins with selecting the proper court and preparing a Complaint. The Complaint is a document that describes the dispute, the legal claims of the person filing the lawsuit (known as the plaintiff) and the relief sought. The Complaint must be filed with the court and a copy must be served on the person being sued (known as the defendant). After the Complaint is filed, the defendant must respond. In Maine, a defendant has 21 days from the date of service to file an Answer. The Answer is a document that either admits or denies the allegations in the Complaint. The next step in the process is the discovery process. This is when each party has the opportunity to learn more about the dispute by requesting documents, taking depositions, and/or propounding interrogatories. The next step is the pre-trial process. During this time, the parties will work to resolve the dispute through negotiation and settlement. If settlement is not possible, the case will proceed to trial. At trial, each party will present their witnesses and other evidence in an effort to prove their claims. At the end of the trial, a decision will be made by the court. The decision may be appealed if necessary. By following these steps, a person in Maine can file a civil lawsuit.

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