Civil Litigation
Have You Been Sued in Colorado?
During a civil disagreement, negotiations can sometimes deteriorate between the parties and a middle ground isn’t able to be found. In some situations, the conduct from one party can be so egregious that you do not even want to work with them or continue the agreement. Contract disputes, consumer and commercial debt, negligence, fraud, defamation, there are many ways that a simple disagreement can turn into a lawsuit. Our attorneys have experience litigating in state county, state district and federal court. If you require the services of our Colorado civil litigation attorneys for an unresolved legal dispute, our litigation team stands ready to help you find the best way to protect your interests. Although our lawyers are always prepared to file and litigate your Colorado civil matter, we frequently advise our clients that litigation should be considered a last resort and attempt negotiation or mediation before incurring the expensive costs of a trial.
Our civil litigators represent both plaintiffs and defendants in litigation matters involving:
- Employment contract disputes
- Business Torts – Breach of fiduciary duty, civil conspiracy, interference with civil contracts
- Pre-suit consultations, opinion letters, and lawsuit protection
- Franchise contracts
- Contractor/subcontractor disagreements
- Construction contracts
- Service contracts and breaches
- Non-compete and confidentiality agreements
- Contracts for the sales of goods and breach thereof
- Promissory Notes
- Unfair business practices and competition law
- Appellate practice in both state and federal courts
Have You Been Served a Summons and Complaint in Colorado?
If you have been served a summons and complaint, it is important to realize that you only have a limited amount of time to act to protect your rights. Many times, people who have been served a summons and a complaint, for one reason or another, do not act until it is too late. The summons must clearly state the amount of time that you have within which to act. What you can do will depend on the court that you have been sued in and whether or not you want to contest the lawsuit.
We almost always advise trying to settle the lawsuit as a first matter of business, however, many times we are forced to file a responsive pleading, which is normally either an answer or a motion. If you have been sued in county court, your summons should be marked with a return date. Important: just because there is no case number or the summons is only signed by the attorney does not mean that you don’t have to act or that the lawsuit is not real. Even if the case has not yet been filed with the court, the Plaintiff normally has a certain amount of time AFTER serving you to file the case.
If you have been sued in county court, normally, you will have a return date. This is the date by which you must file an answer or appear on that date if you want to contest the suit. Ordinarily, we like to try to settle the case prior to filing an answer, however, if no settlement is reached, it is normally advisable to file the answer BEFORE the return date, to avoid going to court on the return date. Filing your answer will let the court and the opposing party know that you plan to contest the lawsuit.
If you have been sued in district court, it is again important to note that the case might not yet be filed by the time that you are served with the summons. You still only have the amount of time stated in the summons to file your answer. There usually will not be a court date. I have had many people call me after the answer deadline has passed and tell me that they didn’t do anything because they called and the clerk told them that there was no “court date.” There won’t be a court date in a district case, ordinarily, until after the answer is filed. Again as you progress through the jurisdictional limits of the court, the complexity increases as well.
Our lawyers service the Denver, Boulder, Broomfield, Westminster, Thornton, Louisville, Arvada, Aurora, Northglenn, Brighton, Englewood, Littleton, Wheatridge, Longmont, Lafayette, Superior, Adams County, Broomfield County, Boulder County, Denver County, Jefferson County, and the entire Colorado Front Range! We work with small and medium sized businesses of all types and have experience litigating matters throughout the State of Colorado. We are ready to discuss your options regarding your civil litigation issue. Contact a Colorado civil litigation attorney today!
Civil Litigation FAQ
The pleadings initiate a lawsuit on the Plaintiff side and is one of the first steps a Defendant makes and include each party’s claims, defenses, and the facts that underlie each claim. Examples of pleadings include the complaint, the answer, counterclaims/cross claims, answers to any counterclaims/cross claims, third-party complaints and answers to any third-party complaints.
Discovery is part of the process leading up to a civil trial wherein the parties exchange evidence related to the claims. Each party is able to seek relevant documentation, make written requests that the other side must answer (interrogatories), and issue questions directly to witnesses under oath (depose). Discovery is a means by which the parties seek transparency through disclosure of facts leading up to trial and to understand more in-depth the issues at hand.
Maybe. It depends on whether a state or federal statute provides for attorneys’ fees in this type of dispute or whether or not there is an attorneys’ fees provision that is part of the disputed contract.
You should probably contact an attorney as soon as possible to assess your legal options. There are often deadlines to be mindful of in civil litigation. Small mistakes can have significant consequences, so it is best to have counsel if you are taking the civil litigation seriously.
Mediation and/or arbitration are two types of out of court alternate dispute resolution for civil disputes. Instead of going to court and in front of a judge, parties can attempt to privately resolve their dispute in front of a private mediator or arbitrator. Arbitration or mediation is often a confidential, quicker, and less expensive way to resolve a civil dispute, but like a trial the outcomes are not always predictable.
A deposition is part of the discovery process and is when someone is officially questioned by counsel under oath in a civil litigation matter before an actual trial. Deposed parties are usually represented by counsel who can help them prepare for their deposition. Depositions usually take place out of court and at a law firm or other office. For each deposited witness, depositions are usually scheduled for a half-day or whole day.
A subpoena is a request for information that you or your company may be holding relating to a current or pending civil lawsuit. Subpoenas may also come from law enforcement organizations for information. Either way, they need to be addressed by a professional in a timely manner. If your company maintains and/or stores personal information or service logs, you may be subpoenaed for the information. An attorney can help guide you through the subpoena response process.
Why? What is your defense? You may have a valid point that can be argued to have you or your company dismissed from the lawsuit early in the litigation. Our attorneys can help you make that argument so you aren’t kept in a lawsuit for an extended period of time incurring substantial legal costs.
