Lawyers and Lawsuits


What happens after a plaintiff files a complaint and a defendant files the answer?

The case then proceeds to what is known as the discovery phase of a case. In discovery, each side uses certain tools—such as interrogatories or depositions—to discover more about the case. If the plaintiff’s case is weak, the defense might file a motion to dismiss. Sometimes motions to dismiss are filed in conjunction with an answer or shortly after the answer. Some motions to dismiss are called motions to dismiss for failure to state a claim. This motion asserts that the plaintiff’s claim does not advance a recognizable legal claim for recovery.


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