Joannes Law Firm LLC

OVERVIEW OF THE FORMAL LITIGATION PROCESS

Filing a Complaint

  • When your claim fails to resolve in the negotiation process the next step is formal litigation of your claim. A complaint is filed with the appropriate court. The complaint is the first pleading and sets forth a claim for relief. It contains a short and plain statement of the grounds upon which the court's jurisdiction depends and a short and plain statement showing why you are entitled to relief.

Answer

  • After the defendant has been served with the complaint; the defendant will reply (answer) your complaint, typically 45 days in Wisconsin. If a defendant fails to answer, a default judgment may be filed. However, in almost all cases the defendant will answer your complaint.

Discovery

  • The discovery period is the process of investigation when both sides are trying to get all the information concerning the facts of your case. Wisconsin has very broad discovery rules, which allow each side access to basically all the other sides' information. Each side will exchange written questions called interrogatories. The parties will be subject to a deposition, which is oral testimony taken outside of court.  Witnesses to the collision may also have their depositions taken.

Arbitration

  • In Wisconsin, most of all motor vehicle collision cases are subject to mediation. Mediation is a process of dispute resolution in which a neutral third-party attempts to resolve the parties’ difference and get your case settled.

Motions

  • Before the trial an attorney for either side may make a variety of motions concerning the applicable law in your case, the evidence that can be presented or any number of issues.

Jury Selection

  • It is necessary to pick a jury if your claim proceeds to trial. During this process, attorneys for both sides will ask questions of prospective jurors to select those they feel will be fair and impartial in their decision as to the real facts of the case.

Trial

  • Opening Statements - The trial begins with your attorney outlining the case and giving a brief preview of the proof of your claims. The attorney for the defendant then presents his view of the case and the defendant’s version of the evidence concerning the case.
  • Presentation of Evidence – As plaintiff we are the first to present evidence. Witnesses, people who have knowledge of relevant facts or experts (doctors), will be questioned regarding the case. Also, any physical evidence will be presented at this time( photographs, medical records, and x-rays). After we have made our presentation, the defendant's attorney has the opportunity to present witnesses and physical evidence.
  • Cross Examination - After each witness has testified, he or she will be cross-examined by the opposing attorney.
  • Closing Statements - Both attorneys present the summation of their case. This is their final attempt to influence the jury's verdict by reviewing the evidence. As your attorney we argue first, then the defendant's attorney, and then the we offer a rebuttal.
  • Judge's Charge - After the closing statements have been delivered, the judge instructs the jury regarding the law applicable in your case and how to apply the facts in the case to that law.

Verdict

  • After the jury has received their instructions, they retire to a jury room to deliberate the outcome of your case. A foreperson is selected to preside over the jury. After deliberation, the foreperson will ask for a vote to determine the verdict. In a personal injury case the jury is responsible for determining the sum of the compensation to be awarded. When a verdict is decided, the judge is notified and the verdict is delivered to the court and you.