Actions Involved In Filing A Personal Injury Lawsuit

Lawyers have become familiar with all the terms used to describe the various actions the ensure the filing of a personal injury claim. On the other hand, lawyers’ clients often lack a familiarity with such terms. This article seeks to fill the gap created by the clients’ lack of knowledge.

Terms used in early stages of filing process

• Develop motion record: That term refers to the act of giving notice to the court, notice that a motion has been filed.
• Notice of motion: This is made by the plaintiff. It is used to identify the responsible party.
• Responding motion record: That is the name of the response that should be made by the responsible party.
• Present affidavit: A plaintiff must present an affidavit, in order to show that he or she has possession of gathered evidence.

Terms used as lawsuit proceeds

Motion for medical examination: That would be made by members of the defendant’s legal team. It would call for the plaintiff to attend a physical examination.

Motion for extension: This can be made by either party. It gets used to request the extension of a deadline, one that has been set by the court.

Motion to amend pleadings: This gets used to request the chance to make a change in a pleading that was presented at an earlier date. Either party can make such a motion.

Motion for introduction of new evidence: This can be made by either party. This motion gets used if either lawyer has obtained a new piece of evidence. The judge must be consulted, before the new evidence can get introduced within the courtroom, unless the same piece of evidence got mentioned in a witness’ testimony.

Motion for permission to approach the bench: The Personal Injury Lawyer in Stouffville for either partly might make this motion. It allows for a conference between the lawyers and the judge. Sometimes the conference moves from the bench to the judge’s office.

Motion for dismissal: Normally, the party making the charge has the ability to submit a motion for dismissal. Normally, the plaintiff’s attorney would not move for a dismissal without first consulting those that have helped to set the stage for the filed claim,

And after initial courtroom proceedings have ended, you can file a motion for appeal. This can be made by either party. It generally comes from the party that had the losing decision at the end of the previous courtroom proceedings. The court hears the motion for appeal. That court has the authority to grant or deny the motion for appeal.