What should I do?  When you are served with a Summons and Complaint, do not call the plaintiff or the plaintiff's attorney. If suit papers were personally delivered to you, you have 21 days to respond. If you were served by mail, you have 28 days to respond. If the event giving rise to this suit is covered by insurance or even might be covered by insurance, send the Summons and Complaint to your insurance agency in care of your sales agent or the claims department. The documents should be hand-delivered or sent by registered mail. If insurance is not involved, immediately deliver the Summons and Complaint to an attorney. You will need a litigation specialist to represent you.

What happens next?  After your Answer to the Complaint is filed, the litigation process enters what is known as the discovery phase. Your cooperation is absolutely essential. If an accident is involved, collect all photographs of your vehicle. If a business transaction is at stake, collect all documents including statements or writings of any kind sent to the other party. Each side may send written questions, called interrogatories, to the opposing party. Take great care to answer these questions accurately. Consult your attorney if you are asked to answer questions that you feel are inappropriate.

What is a deposition?  A personal deposition will usually follow the discovery phase. During a personal deposition, the opposing attorney will ask you questions which you are required to answer under oath. Depositions are usually held in your attorney's office or at a courthouse. A meeting with your attorney beforehand will prepare you for the questions that will be asked and explain the process. The opposing attorney will be evaluating you as a witness, so your appearance should be appropriate for the occasion. Above all, tell the truth, even when you think the truth may hurt. Be factual, brief and to the point.

What if my case goes to trial?  A trial may result if all efforts to resolve the case fail. The most important thing to remember during a trial is that a jury, or the judge, if there is no jury, will watch every move you make. Your demeanor should be serious. Do not express surprise or displeasure over adverse testimony or evidence.

Will I have to testify?  You probably will. Your testimony will begin by direct examination, which consists of some general questions asked by your attorney. He or she will go over these questions with you in advance. Just as in a deposition, your answers should be brief, to the point and truthful. Treat the opposing lawyer and the judge with respect and do not lose your temper under any circumstances. The jury will always be sympathetic to you, the witness, unless you lose that advantage by acting irrational or disrespectful.

What else can affect the outcome?  You, the client, play an active role in the successful resolution of your lawsuit. Preparation, cooperation and knowledge of the legal system can substantially reduce the unpleasantness of the litigation process and increase your attorney's effectiveness on your behalf.

If you would like more information, or have specific questions, you may wish to consult Peter L. Dunlap, the author of this article, or another of our Litigation attorneys.