What is the process for filing a lawsuit?

In Idaho, the process for filing a lawsuit begins with consulting an attorney. A knowledgeable lawyer can help you understand the laws and your legal rights so that you can determine if a lawsuit is the best course of action for you. Your lawyer will then draft a complaint, which is a document that outlines the facts of the case, the relief you are seeking, and a list of defendants. The complaint will be filed with the court and a summons will be issued. The summons serves to give notice to the defendant that a lawsuit has been filed against them. Once the complaint and summons have been filed and served, the defendant has a certain amount of time to respond. If the defendant fails to respond, a default judgment may be entered in favor of the plaintiff. If a response is filed, the court will then determine if there are any legal issues that must be resolved before a trial. If there are legal issues which need to be addressed, the case may be set for motion hearings. If the case goes to trial, each side will present their arguments and evidence. The jury will then make a decision about the case and the judgment will be issued. Throughout the process, your lawyer may be required to file various motions or pleadings and represent you in court. Once the judgment is issued, your lawyer can help you enforce it if necessary.

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