What is the procedure for filing a lawsuit?

Filing a lawsuit in Oklahoma involves a number of different steps. First, the person who wishes to file the lawsuit is known as the “plaintiff” and they must draft a complaint. This complaint sets out the plaintiff’s legal claims and asks for certain forms of relief. The complaint must then be filed with the local county court clerk and a copy must be served to the other party, known as the “defendant”. Once the complaint has been served, the defendant will have a certain amount of time to file an answer. The answer can either be a denial of the plaintiff’s claims, or it can set out any defences that the defendant wishes to raise. Once the answer is filed, a process of “discovery” begins. This involves both parties exchanging information and documents, and questioning witnesses, to help them build their case. If the parties are unable to reach a settlement, then the case will go to trial. Both sides will present their evidence and witnesses to the court, and the judge will make a ruling. If the judge rules in the plaintiff’s favour, then the defendant will usually be ordered to pay damages. If the defendant is found to have breached their legal obligations, then they may also be ordered to take corrective action.

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