by Samantha ChanHow Procedural Rules Preserve Your Options in Court
Many people think court cases are decided by dramatic testimony, persuasive arguments, or who is “right.” All of these things may be decisive in some cases, but in many cases, the path to a positive outcome has much to do with understanding and following court procedural rules.
One common frustration I hear from clients is that litigation doesn’t work the way they expect it to.
“Why do we have to file all these pleadings and motions if I already have the photos, evidence, and documents to show the judge I’m right?”
While pleadings, motions, and discovery may feel unnecessary to someone who doesn’t work in the legal system, procedural rules frequently control how a court is even permitted to decide a case.
An example I saw in practice recently illustrates the importance of filing a counterclaim in an appropriate case. A counterclaim is a claim asserted by the defendant against the plaintiff in the same case. Procedurally, it transforms the defendant from a purely reactive party into one with an independent claim for relief. That distinction matters more than most people realize.
A Real‑World Example from Family Law
Consider a divorce case:
The plaintiff files a complaint for absolute divorce. The defendant files an answer and a counterclaim for absolute divorce. Both pleadings allege essentially the same facts and request the same relief: that the parties be divorced. At first glance, the counterclaim may seem unnecessary. But timing and procedural posture can change quickly.
In one recent case, on the day of the hearing, the plaintiff decided she was not ready to proceed with the divorce. Had the defendant only filed an answer, without also filing a counterclaim, the court would have been left with no pending claim from a party ready to move forward. But because the defendant had filed a counterclaim, the court still had a live, ripe claim before it. The judge was able to proceed and grant the divorce based on the defendant’s counterclaim, even though the plaintiff no longer wished to go forward that day. That is the power of a counterclaim.
The Broader Lesson: Procedure Preserves Your Options
This principle is not unique to divorce or family law. Similar issues arise across civil litigation:
- Contract disputes: A defendant who agrees that money is owed but believes the plaintiff breached the contract first. Without a counterclaim, the court may only proceed with the plaintiff’s claims.
- Partnership/shareholder disputes: A business owner is removed from a company but fails to file a counterclaim alleging that the removal violated the company’s governing documents. By failing to assert that claim at the outset, the owner may lose the opportunity to challenge whether the required procedures were followed.
- Landlord‑tenant cases: A tenant agrees that rent has not been paid, but failing to file a counterclaim asserting habitability issues may prevent the court from considering those issues at all.
In each of these situations, the underlying facts may be straightforward, but the procedural posture could determine the outcome. If you are involved in litigation or responding to a lawsuit, understanding the procedural landscape may be critical. An experienced attorney’s role is not only to advocate on the merits, but to protect your ability to obtain relief by navigating those rules correctly.
by Lisa WhiteWhat should you do if you are served with a civil lawsuit?
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Contact a lawyer.
Nobody likes receiving delivery of court documents and finding out they are a defendant in a civil lawsuit – but if you are named as a defendant, be sure to consult with an attorney as soon as possible who is licensed to practice in your state or jurisdiction. Don’t be afraid to ask your lawyer questions during your initial consultation. The more information you provide during this initial meeting, the better your attorney will be able to assist you.
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Be mindful of deadlines.
A response to the lawsuit will need to be filed with the court within a fixed period of time, calculated from the date on which you received written notice of the lawsuit. Read the delivered papers carefully, and be sure to ask your attorney about your responsive filing deadline.
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Know your options and your rights.
After receiving notice that you have been named in a lawsuit, you may be tempted to directly contact the person or company that filed, without first consulting an attorney. Giving a written or verbal response to the plaintiff or the plaintiff’s attorney, without first receiving advice from your own attorney, could be very detrimental to your defense. It is essential to have the benefit of professional legal advice and guidance before submitting any response to the person or company that has brought suit.
If you have been served with a lawsuit brought in courts located in Maryland or the District of Columbia, Lewicky, O’Connor, Hunt & Meiser stands ready to provide legal support to you. Call our office at (410) 489-1996 to schedule a consultation with an attorney who can provide you with options and guide you through the litigation process.
None of the information provided in this article constitutes legal advice. Every situation is different and should be thoroughly reviewed by and discussed with your legal advisors. Please do not rely on the contents of this article as the basis for making decisions regarding your particular situation.
