16-c-8 What to Expect after Your Legal Papers Have Been Filed in Court

• Library: A Jailhouse Lawyer's Manual (2020 Edition)

16-C-8. What to Expect After Your Legal Papers Have Been Filed in Court

Once you file your complaint, your lawsuit has officially begun. However, it is your responsibility to make sure that your lawsuit continues to move forward. It is not enough to simply file your complaint and then wait for something to happen. Nothing will happen unless you stay involved.

After you file your complaint and serve the defendant(s), the defendant(s) must respond by filing an "answer." ²⁹⁹ Defendants are supposed to file answers within twenty-one days of receiving the complaint, ³⁰⁰ but some defendants ask for extra time. The defendant's answer usually denies that your factual statements or allegations are true.

The defendant may also file a motion to dismiss your complaint under Federal Rule of Civil Procedure 12(b)(6).³⁰¹ In the motion to dismiss, a defendant may argue that even if your allegations are true, they do not make out a legal claim upon which relief can be granted. Basically, the defendant may argue that your complaints are not violations of statutory or constitutional rights covered by Section 1983. The court should give you the opportunity to amend (make changes to) your complaint if you left something important out of your original complaint. If the district court does not let you amend your complaint, you may have grounds for an appeal. ³⁰²

If the defendant does not respond to your complaint at all, you can move for a "default judgment." If the court grants you a default judgment, you win your case because the defendants did not answer. Although the court probably will not grant your motion for a default judgment, it may force the defendant to respond.

Another way a defendant might try to end your lawsuit is by filing for summary judgment under Federal Rule of Civil Procedure 56. ³⁰³ In a summary judgment motion, the defendant argues that there is no real factual dispute and, on the undisputed facts, they should win. For example, the defendant may claim that he is immune from suit for your claim.³⁰⁴ If the defendant makes a summary judgment motion, you must raise a "genuine dispute as to material fact." ³⁰⁵ To raise a genuine dispute as to material fact, you must provide factual support that would be admissible in evidence for each element of your claim against each defendant. For example, if you are suing...