Client Letter
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Client LetterSharon NakkenPA 106: Legal Terminology and TranscriptionProfessor Annemarie KellyKaplan UniversityNovember 12, 2014Smart & Lee PPC1212 Third Ave. Suite 300Bellevue, Florida, 25515(555) 555-5555ISmart@Smart&Lee.comThirteenth day of November 2014 VIA CERTIFIED MAILMr. Jim KnottEasy Construction305 Hanford Ave.Richland, Florida, 25518RE: Civil Lawsuit ProcessDear Mr. Jim Knott: The purpose of this correspondence is to give you an informative explanation and better understanding of what to expect during the initial process of your lawsuit. It is my hope that you find this information helpful. Please be aware that we are bound by Florida’s Rules of Civil Procedure. These are simply rules enforced by the courts, which protect a person’s private rights. Cathy J. Okrent, Legal Terminology with Flashcards 43 (Marlene McHugh Pratt, 2nd ed. 2001). During the entirety of this lawsuit, you will be referred to as the plaintiff, as you are the party initiating the lawsuit. Id at 47. Ms. Tank and Sunshine Tank Supplies Inc. will here in after be referred to as the defendant(s), as she is the person for whom you are bringing a claim. Id. at 44.
Firstly, I will file your complaint with the proper court. The complaint is the first document filed in a lawsuit and states the facts of the case, the cause of action, and will request relief by the court for the wrong doings of Ms. Tank. Id. at 43. Next, we will serve the defendant with a summons notifying her that a lawsuit has been filed against her and that she is to appear in court to answer to the charges listed in the complaint. Id. at 48. Florida Civil Code mandates that the process server, the person who serves the defendant with the summons, will be the sheriff of the county where the defendant resides. Fla. Stat. Ann. § 48.021 (West 2014). Thereafter, the defendant shall file an answer to the complaint. The answer is the defendant’s response to the complaint against her. Cathy J. Okrent, Legal Terminology with Flashcards 42 (Marlene McHugh Pratt, 2nd ed. 2001). In the answer, the defendant may deny the charges, admit to them, or offer an affirmative defense to one or all of the charges. Id. There are several motions that the defendant may decide to file with the court. A motion is simply a request to the court that something be done in the defendant’s favor. Id. at 46. The defendant may file a motion to dismiss, requesting that the case be dismissed. Id. She may decide to file a motion for summary judgment, requesting that the judge rule in her favor at that time. Id. Finally, she may file a cross-complaint alleging certain causes of action against you. Id. at 44.