SANDOLLAR PLLC helps entrepreneurs and small businesses navigate difficult legal situations in
New Haven Superior Court, Milford Superior Court, Bridgeport Superior Court,
the Federal court for the District of Connecticut, in Connecticut arbitrations, and in the Southern District of New York.
When You're Sued in Superior Court
Sometimes the process server shows up at your home or business. You've been served with a lawsuit. What happens next?
The Return Date
The summons to appear will have a return date on it, which must be a Tuesday. You have until two days after the return date to "appear" in the case, or risk a judgment of default for failing to appear. "Appear" doesn't mean you have to be in the courtroom. It means you or your attorney must electronically file a form in the Connecticut judicial e-services portal.
Pleadings After Appearing
After appearing, you or your attorney have the opportunity to file several pleadings (papers) before the matter advances to a trial. These include:
• motion to dismiss (the court lacks jurisdiction over the subject matter or defendant, or there was a failure of service);
• motion to revise (the complaint lacks sufficient information for the defendant to understand it, or the complaint includes scandalous or otherwise improper allegations, or the complaint combines multiple causes of action into one count, etc.);
• motion to strike (taking its allegations as true, the complaint fails to state a legal cause of action); and
• the answer (where you will admit or deny the allegations of the complaint).
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Discovery
Discovery is a mandatory sharing of information that is relevant to the dispute. You or the plaintiff can request each other answer written questions, admit certain facts to be true, and produce written documents related to the subject matter of the dispute. State court discovery is less limited than Federal discovery and all kinds of questions can be asked. But you may object to requests that are not reasonably calculated to lead to admissible evidence.