What is the procedure for filing a lawsuit?

When filing a lawsuit in North Carolina, the process involves several steps. First, the plaintiff (the person who has been wronged) has to draft a complaint. This document lays out the facts of the case and the legal basis for the lawsuit. It also describes the relief sought. The complaint must be signed by the plaintiff and served on the defendant (the person accused of wrongdoing). Second, the defendant has to respond to the complaint. This is usually done through a written answer that addresses the plaintiff’s claims. It is also possible for the defendant to file a motion to dismiss the case. If the motion is denied by the court, then the case proceeds. Third, the parties may engage in discovery. This is the process of exchanging information and evidence so that each side knows the strength of the other’s case. During this time, any other motions that either side wishes to file may be presented to the court. Finally, the case goes to trial. This is where the parties present evidence and make arguments to the court. A verdict is then issued by the judge or jury. If the plaintiff wins, then the court issues a judgment outlining remedies or damages to be paid to the plaintiff. In either case, either side can appeal the verdict.

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