What is the procedure for filing a lawsuit?
Filing a lawsuit in Virginia usually begins with the plaintiff filing a complaint in the appropriate court. The complaint is a written document that describes the dispute, including the facts of the case and the legal claims made by the plaintiff. Along with the complaint, the plaintiff must file a summons with the court, which officially notifies the defendant that a lawsuit has been filed. Once the complaint and summons have been filed, the defendant must be served with a copy of the documents. This is usually done by a professional process server, who must be licensed by the state of Virginia. After being served, the defendant has 21 days to respond to the lawsuit. The defendant may respond by filing an answer, a written document that denies the allegations made against them. If the defendant fails to answer the lawsuit, the plaintiff can ask the court to enter a default judgment against the defendant. A default judgment can include damages and court costs, which the defendant is liable for. If the plaintiff and defendant are unable to reach an agreement, the case will go to trial. During the trial, both sides will present evidence and witnesses to make their case. At the end of the trial, the judge or jury will reach a verdict and determine who will win the lawsuit. Depending on the outcome, the judge may award damages or order specific actions to be taken.
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