The Process of Preliminary Matters
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In the case of civil
Who is available to be sued
Which venue and jurisdiction of the courts is the lawsuit to be heard
Whether or not the statute of limitations has expired as dictated by law
Whether there is any administrative agency to must be consulted before filing the lawsuits
Though some of the preliminary matters in lawsuits seem to be commonplace in
terms of logical procedure, it is important to place particular attention to
the statue of limitations in lawsuits. Statutes of limitations are laws that
provide for certain deadlines or expiration dates for filing lawsuits. Certain
lawsuits must be filed within the allotted time after an event has occurred,
which is considered to be the source of the claim. Statutes of limitations will
vary depending on the nature of the matter at hand, as well as the provisions
provided by state laws. Statutes of limitation will be different depending on
the state. Concurrently, statutes of limitations will also vary on the nature
of the lawsuits. For example, a misdemeanor crime must be prosecuted within two
years that such action was committed. If a person is prosecuted for misdemeanor
crime that occurred five years ago, the lawsuit will be thrown out, for the
statue of limitations have expired, and such an individual can not be
prosecuted for that particular crime. Also, certain legal contracts may also be
subject to statutes of limitation. Preliminary matters can also involve
intensive research to be conducted by the attorneys that is necessary to
determine the best course of action. This may include the research of
applicable laws and provisions, related cases, and the analysis of court rules.
In certain lawsuits, locating witnesses that are crucial to the case may also
be the attorney's responsibility.
Once the attorney has considered the pertaining appropriate preliminary matters
of lawsuits, then the actual filing of a suit can be carried out, which is
followed by the pleadings state. Barring the case that the parties do not file
for pretrial motions
NEXT: What are Litigation Pretrial Motions
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