About the Law
Two questions I often get are, "I received court papers, what should I do?" or "I was just too busy to deal with lawsuit papers that were delivered. Now I have a judgment against me, what do I do?" Letting things go uncontested is the worst option. Here is a quick summary of what to do.
Always answer the papers. Different procedural rules apply in different courts. However, papers that are dropped off almost always specify the time limit, often 20 to 30 days, and where to file your answer. You must also at this time state any legal defenses that you claim, otherwise, the defenses are waived.
Movie and TV dramas make court cases into exciting nail-biters. We don't know what will happen until the end. The final witness spills their guts and miraculously solves the case. This makes great drama. But, civil cases aren't done this way. The secret to defending yourself if you've been sued is to make sure that you use the discovery tools explained below as soon as possible after you get notice of the lawsuit and long before the actual trial. Discovery is what we civil attorneys do with much of our time.
Interrogatories can be sent by any party in a lawsuit to the other party. This is a list of written questions which must be answered by the other side, under oath, within a certain period of time. The questions are not limited by relevance, but by a broader legal standard that they be reasonably calculated to lead to the discovery of evidence admissible at trial.
Only limited objections apply. Generally, courts are not amused by those who get into discovery disputes unless there is clear abuse. Carefully done, interrogatories help determine whether the other side has the facts to support whatever legal relief they seek.
Requests for production of documents allow the parties to send lists to the other side of pertinent documents. Copies of those documents must be made available within a limited time period. The rules also require production of documents "and things."
So, for example, in a products liability case, the manufacturer can ask for production of the faulty product. Never allow this outside of your attorney's conference room, under supervision. This rule also allows for the inspection of property. So, in a property dispute, for example, one party has the right to inspect the neighbor's yard without fear of being arrested for trespassing.
Depositions are events in which attorneys question witnesses before the trial. I've written about this in a previous column. Witness testimony fills volumes of bound transcripts even in a simple case.
This looks like just piles of paper. That fact tempts many to try to do it themselves. However, leprechauns and gremlins lurk in paperwork, and litigation attorneys don't click the mouse on the first sheet of paper without strategy.
Andrew Myers of Derry has law offices in Derry and North Andover. He is a member of the American Association for Justice and the New Hampshire Trial Lawyers Association. Send questions to andrew@attorney-myers.com.
