David A. Johnson 477 Shoup, Suite 109 PO BOX 52251 Idaho Falls, Idaho 83405 208-535-1000 email

Divorce Information Idaho Falls, Idaho Divorce Lawyer Anatomy of Divorce Litigation Phases of Litigation (See Glossary below for common legal terms) A case is started by one party (Designated as the Plaintiff) filing a complaint and summons with the court. After filing the complaint and summons, a copy of each is returned to the party who filed the lawsuit which shows the assigned case number and judge. The complaint and summons are served on the other party (Defendant). After being served with the complaint and summons, the defendant has 20 days to file an answer with the court. If the Defendant files no answer or appearance, default can be taken. This generally means the Plaintiff gets what they ask for. If an answer is filed, the parties generally go through a discovery process where they learn what evidence the other side intends to present at trial and to prepare their own case. This process is generally done through interrogatories, request for production and depositions. Sometimes the parties participate in mediation which through the use of a trained mediator, the parties attempt to come to a settlement. If all else fails, a court (judge) or jury trial is conducted. If the case is tried to a judge, the judge typically does not rule on the spot but takes the case under advisement, or in other words, he will decide the case later. Thereafter the judge then writes a written decision and sends the decision to all attorneys or parties. If the case is one where attorney fees or court costs can be awarded to the prevailing party, some supplemental proceedings are conducted. If any party is dissatisfied with the decision, an appeal can be made to a higher court. Glossary of common terms: Answer: A document filed with the court by the Defendant in which he or she admits or denies the statements contained in the Complaint. Appeal: There are many levels to an appeal, based upon circumstances. An appeal is where one or both parties request a higher court to determine whether or not the lower court correctly applied the law in that particular case. The courts that court be involved in an appeal, from lowest to highest are: (1) Small Claim's Court; (2) Magistrate Court (3) District Court (4) The Court of Appeals (5) The Idaho Supreme Court. Complaint/Petition: The first document filed by the Plaintiff which summarizes the facts and tells the court the legal basis for obtaining the relief sought. Counterclaim: If a complaint is filed, the Defendant can file a lawsuit, by way of a counterclaim, against the Plaintiff. This is very similar to a complaint. Depositions: This is were a potential witness or person with knowledge can be interviewed under oath. A court reporter is present who records the interview exactly and transcribes the same into writing. Default: When the Defendant does not file an answer with the court, at the request of the Plaintiff, the court will enter "default" which means that the Defendant has waived his or her right to additional notice. The court can then decide to grant the Plaintiff's request based upon the paperwork that has been submitted previously or to conduct a hearing without further notice to Defendant. Defendant: The person being sued. Interrogatories: These are written questions which the other side has to give written answers under oath. Plaintiff: The person who filed the lawsuit. Request for Production: This a written request for documents which the other side has in their possession or control over. Service: A person who is not related to the Plaintiff can personally deliver the papers to the Defendant. A defendant can also acknowledge service (by a written document). If the Defendant has an attorney, that attorney can be sent the document or can "accept" service. Summons: Somewhat of a formality. This is like a coverpage to a complaint explaining to the defendant that he or she is being sued and that they have 20 days to file or appear or the Plaintiff may take default against them.

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