What is the procedure for filing a lawsuit?

The procedure for filing a lawsuit in Delaware starts with filing a complaint in the right court. This is done by completing the complaint form, which must include the names of the parties involved, a statement of facts, the claim(s) being made, and a request that a judgment be entered in the plaintiff’s favor. The complaint must then be filed with the court by paying the filing fee and providing a copy of the complaint to the defendant. The court will then provide a summons to the plaintiff, who must serve it on the defendant. The summons will include the date and time when the defendant must respond to the complaint. In order to do so, the defendant must file an answer with the court, in which they must admit to the facts of the complaint, deny them, or claim that they lack sufficient information to respond. After both parties have filed their documents, they will need to exchange evidence and documents related to the case and may enter into settlement negotiations. If the case proceeds to trial, each side will present their arguments and supporting evidence in front of a judge and/or jury. After both sides have presented their cases, a decision will be handed down by the court.

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