This post is part of our ongoing series translating the lawyer-gibberish of Pennsylvania lawsuits into something understandable.For the definitions of the terms in bold check out thepost that launched this series.A list of the posts in the series is at the end of this article.

The lawyers have exchanged documents setting out the claims and defenses.But before you get to trial,you get to gather evidence to support your case (and figure out what cards the other side has to play).This process is called"Discovery"and there are a few tools that can be used.

Asking Written Questions (Interrogatoriesand Request for Admissions)

One of the first tools your lawyer is likely to use areInterrogatories.These are written questions to the other side.The other party,helped by their lawyer,must answer the questions within 30 days (although extensions are commonly given for any type of discovery if its early in the case).CommonInterrogatoriesinclude things like:

  • what witnesses might have information 金宝搏网址about this case??
  • do you have an expert witness??
  • what are your damages??

Continue ReadingExplaining PA Lawsuits Using Plain Language (Part IV) – Who's On First

This post is part of our ongoing series translating the lawyer-gibberish of Pennsylvania lawsuits into something understandable.For the definitions of the terms in bold check outthe post that launched this series.A list of the all of the posts in the series is at the tail end of this article.

So it's time to go to theCourt of Common Pleas.Whetheryou tried other steps firstor elected to start here,today we walk through how the parties to a lawsuit lay the groundwork for their claims and defenses.

Complaint,Answer,and Reply

Both thePlaintiffand theDefendantin a lawsuit describe their claims and defenses,respectively,in documents called"pleadings."This is just legalese for a type of court filing that describes in broad strokes what the parties' positions will be.If all goes smoothly,you can expect this process:

  1. Filing the Complaint– ThePlaintiffstarts by filing aComplaint.TheComplaintneeds to outline the basic facts of the dispute and what thePlaintiffwants to get.
  2. Serving the Complaint-ThePlaintiffserves theComplainton theDefendant.In general,this must be done by having someone from the Sheriff's Office hand deliver a copy of theComplaint.
  3. Checking for a Default– TheDefendantmust respond to theComplaintwithin 20 days of having a copy delivered to him or her.If he or she does not,thePlaintiffcan send a warning called a"Notice of Default."If theDefendantstill does not respond,10 days after sending the Notice of Default thePlaintiffcan request aDefault Judgment.
  4. Answering the Complaint– TheDefendantresponds to each of the numbered paragraphs in theComplaintin a document called anAnswer.So paragraph 1 of theAnswerresponds to paragraph 1 of theComplaint,and so on.
  5. Raising New Issues– TheAnswermay also contain two types of statements beyond the responses to theComplaint.The first is called"New Matter,"which are new facts theDefendantthinks are important but that thePlaintiffleft out.New Matter can also contain certain types of legal defenses.The second type is"Counterclaims,"which are legal claims back against thePlaintiff.Counterclaims are claims that could have been raised by theDefendantin aComplaint.But instead of having two lawsuits going at the same time,both sides' claims are handled at once.
  6. Responding to the New Issues– If theDefendant's Answerhas New Matter or Counterclaims,thePlaintifffiles his or her own response to those new statements.This responsive document is called aReplyto differentiate it from theDefendant's

Continue ReadingExplaining PA Lawsuits Using Plain Language (Part III) – Pleading (Not the 5th)

This post is part of our ongoing series translating the lawyer-gibberish of Pennsylvania lawsuits into something understandable.For the definitions of the terms in bold check outthe post that launched this series.A list of all the posts in the series is at the tail end of this article.

The litigation process often begins before actuallitigation.

Wait,what??

I mean that disputes often involve exchanges before we get in front of the court system you see on TV,i.e.theCourt of Common Pleashere in Pennsylvania.Today let's look at the common things that can happen before we get to the courthouse.

The Demand Letter – Kicking it Off

Many lawsuits start with a lawyer demanding action in a letter.Commonly known as a demand letter,this document is often a final effort by aPlaintiffto resolve a dispute out of court.While this letter doesn't start a court case,it may indicate that thePlaintiffis serious and is ready to sue.Or maybe thePlaintiffis only willing to pay for a letter,not to actually take you to court.

How can you tell?Unfortunately,there is no one-size fits all answer to this question.It depends on what's at stake,how strong the legal claims are,and the personality of those involved.Sometimes a dispute can be settled at this stage if both parties want to avoid taking the matter before a court,or it may be necessary to proceed to the next step of litigation.  So when you receive a demand letter,it may be time to talk with your own lawyer to plan a strategy (even if that strategy is to wait and see what happens).Continue ReadingExplaining PA Lawsuits Using Plain Language (Part II) – Let's Get It Started

One of the most important things I do as aLitigationattorney is explain to my clients what has happened,and is likely to happen,in their lawsuit.Unfortunately,it's all too easy to do that using abstract legal jargon as though everyone uses these terms as often as I do.So,rather than leaving you searching Google to find out what your lawyer is talking 金宝搏网址about,let's start by going through some common legal terms in Pennsylvania lawsuits:

Who is Involved??

  • Plaintiff– The party or parties who starts a lawsuit against a
  • Defendant– The party or parties being sued by aPlaintiff.Even if both parties have claims against each other,thePlaintiffis the one who files first regardless of the size of their respective claims.
  • Litigation–The process of taking part in a lawsuit."Litigators"are lawyers who practiceLitigation.
  • MDJ– Short forMagisterial District Judge.MDJ主持”small claims"court in Pennsylvania for disputes worth less than $12,000 or disputes 金宝搏网址about issues like landlord/tenant claims.
  • Court of Common Pleas– The Pennsylvania court level where elected judges preside over claims.It is the step above andMDJand can hear almost any type of claim.

What is Being Claimed??

  • Complaint– The document aPlaintifffiles that usually starts a lawsuit.Its numbered paragraphs lay out the facts of the case,legal theories supporting their position,and what they want the Court to give them.
  • Answer– The document aDefendantfiles in response to aComplaint.It responds to each of the numbered paragraphs in aComplainteither by admitting that what the Plaintiff argues is true or denying it and explaining why it's denied.
  • Reply– This document is how aPlaintiffresponds to any new claims made by aDefendantin anAnswer.
  • Default Judgment– If aPlaintifforDefendantdoesn't respond to aComplaintorAnswerin time,the other party can ask the Court to win automatically.The other party has given up by not defending themselves.(NOTE:if you get a"Notice of Default"warning you that a default may be entered,,you need to seek legal counsel at once).
  • Motion– A formal request for the Court to do something.It is for tasks more complex and less administrative than those of aPraecipe.Among the most common are requests for the Court to rule in one party's favor (either dismissing a claim or awarding aJudgment).
  • Praecipe– Pennsylvania's mini-motion.It is a request for the Court to do something more administrative.For example,notifying the Court you have hired a new lawyer to represent you.
  • Brief– A writing submitted to the court by a lawyer,usually in connection with aMotion,that argues their client's legal theory.It's the lawyer version of an essay or paper.

Continue ReadingExplaining PA Lawsuits Using Plain Language (Part I) – Key Legal Terms

Two of the most common complaints I hear as a litigation attorney are"why is it so expensive"and"why does it take so long."Part of the answer to both questions are the procedural rules for discovery which often end up being both a blessing and a curse.The upside is that parties can fully investigate the factual basis for their claims.The downside is that the exploration comes at a cost of time and money.

To streamline the discovery process,many courts have adopted form interrogatories (i.e.writtenquestions) and document requests for certain kinds of cases.For example,the Philadelphia Court of Common Pleas hasform discovery requests for use in premises liability and motor vehicle accident cases.These form requests avoid wrangling between the attorneys over whether a request is too broad.They can also be answered more quickly since attorney's who expect the requests will tailor their intake forms and client questionnaires to get the information they know they will need for discovery.Continue ReadingMandatory Initial Discovery Pilot Program Aims to Help Save Time and Money

We trust our computers to handle our to-do lists and calendars because they never forget,right?While computers are good at rememberingwhat we tell them(and a big thank you to Google for remembering my kids' birthdays),one of the current weaknesses of artificial intelligence (AI) is that it cannot applywhat it learnsin a different scenario.For example,an AI that learns to play chess does not have a leg up when learning to play checkers.Essentially,computers have a""catastrophic forgetting"problem that forces them to relearn what they already knew just because they are presented with a new project.

Researchers are now making breakthroughsto overcome this ‘forgetfulness' problem.Working in connection with neuroscientists,researchers are attempting to have AI learn more like humans so they can apply what they have learned in one context to another related context without starting over.In other words,teach computers to learn more like humans do so they stop forgetting what they already learned.Continue ReadingTeaching Computers Not to Forget Could Cut the Costs of Litigation

I recently had an opportunity to speak to the Lancaster Area Paralegal Association at itsSecond Annual Civil Conferenceregarding practical tips for using of social media evidence in court.

One of the issues I was asked to address was the practical question of ‘how do you capture' social media evidence.Social media evidence can be collected in one of two ways.First,the data can be"self-collected"通过客户端或律师事务所。Examples of this type of collection would include taking screen shots of the relevant social media.Screenshots,however,often omit other relevant portions of that user's social media page,resulting in the loss of potentially valuable information or making it more difficult to authenticate (more on that in the next article,Part II –How Do You Authenticate It).A better self-collection technique is to download or archive an entire account.For example,Facebook provides an option on the user settings page to download that user's entire account.Self-collection generally works best when attempting to capture social media from your own client or a cooperative witness.Continue ReadingSocial Media Evidence in Court: Part I – How Do You Capture it??