Corte y audiencias

Una demanda es un proceso legal en el que una persona o empresa solicita a la Corte que resuelva un conflicto. The person who starts the lawsuit is called the plaintiff or petitioner. The person or business being sued is called the defendant or respondent. 

En una demanda civil, la Corte no castiga a nadie ni decide la culpabilidad penal. En su lugar, la Corte decide si el demandante o el peticionario ha probado una demanda legal y qué, si es que hay algo, debe hacer el demandado o el demandado para solucionar el problema. La mayoría de las demandas civiles piden a la Corte que ordene a alguien pagar dinero o decida un derecho o responsabilidad legal.

Una demanda suele ocurrir por etapas. A menudo empieza presentando papeleo y notificando a la otra parte. La Corte puede entonces fijar plazos, celebrar fechas de juicio y permitir que ambas partes compartan información y pruebas. Some cases are dismissed, some settle before trial, and others go to a hearing or trial where each side presents their case.

Una demanda sigue reglas formales y plazos. El juez, o a veces un jurado, toma la decisión final basándose en la ley y las pruebas.

You are usually notified that you have been sued when you are formally “served” with Summons and a copy of the Complaint or Petition. This is often done by the sheriff or a certified process server who delivers the papers to you in person. En algunos casos, el juez puede permitir que le notifiquen por correo o mediante un aviso publicado en un periódico. Aprenda cómo se entrega una Citación.

The Summons will list the case number, the court location, and the deadline to respond. Le dirá lo que necesita hacer. Puede que tenga que acudir a la Corte, lo cual podría ser en persona, por teléfono o por vídeo. Or you may need to file paperwork with the court, such as an Appearance or an Answer.

Es importante responder antes de la fecha límite y asistir a cualquier fecha programada para la Corte. Si no responde, el juez puede dictar un fallo por incomparecencia contra usted. This means the other side can win the case without hearing your side.

A veces la gente no se da cuenta de que han sido demandados hasta después de dictar un fallo por incomparecencia. They may find out when their wages are garnished or their bank account is frozen. Si eso ocurre, puede que pueda pedir a la Corte que cancele ("anule") el fallo por incomparecencia. Quizá quiera hablar con un abogado sobre sus opciones.

If you receive a Summons and a Complaint or Petition, there is a good chance a lawsuit has been filed against you. A real Summons will usually include:

• The name of the court,
• A case number,
• The names of the parties in the case, and
• Information about what you need to do next.

If you are unsure whether the lawsuit is real, contact the circuit court clerk of the county listed on the Summons. You can ask whether the case has been filed and verify the case number.

Even if the lawsuit is real, the claims in it may not be true. For example, the lawsuit may involve:

• A debt you do not recognize,
• An account that does not belong to you,
• Identity theft or fraud, or
• Facts that you disagree with.

If you believe any of these apply, do not ignore the lawsuit. Respond to the lawsuit by the deadline and include any defenses that apply to your case. If you think you are a victim of identity theft or that the lawsuit was filed against the wrong person, talk to a lawyer as soon as possible. 

If you do not respond on time, the court may enter a default judgment against you, even if you believe the claims are wrong.

If you do not respond on time, the court may enter a default judgment against you, even if you believe the claims are wrong.

Read the Summons and the Complaint or Petition carefully. The Summons will tell you what you need to do next and when you need to do it. Check whether the Summons gives you a deadline to file an Appearance and Answer or a date to appear in court.

If possible, try to talk to a lawyer as soon as possible, especially if you are not sure how to respond or think you may have defenses. Even if you are trying to settle the case, do not miss your deadline to respond unless the court tells you otherwise.

If you do not respond on time, the court may enter a default judgment against you. This means the other side could win the case without the court hearing your side.

Learn how to respond to a lawsuit.

You should not ignore a Summons. Si lo hace, probablemente perderá el caso por Incumplimiento.

Aunque usted no está obligado a responder a una Citación ni a participar en una demanda, ignorarla puede tener consecuencias graves. Si ignora una Citación, el juez puede dictar un fallo por incomparecencia contra usted. This means the other side can win the case without hearing your side, and the court may order you to pay money or do or stop doing something. Aun así usted tendrá que seguir la decisión de la Corte aunque no haya participado en la demanda. En algunos casos, puede que pueda pedir a la Corte que cancele ("anule") el fallo por incomparecencia. Quizá quiera hablar con un abogado sobre sus opciones.

Importante: Hay un tipo de Citación que no puede ignorar. No se puede ignorar una citación para descubrir bienes. You may get this after someone wins a money judgment against you. Requiere que usted acuda a la Corte y responda preguntas sobre su ingreso y propiedad. Si recibe una Citación para Descubrir Bienes, debe hablar con un abogado right away. Si no va a la corte o se niega a seguir la orden del juez de compartir información, el juez puede considerarlo en desacato de la corte. This can lead to fines or even a warrant for your arrest. La Orden judicial no sería por no pagar una deuda. Sería por no seguir la orden del juez.

The forms needed depend on the type of case and what the Summons requires. Many people will need to file:

• Appearance: Tells the court and the other side you want to participate.
• Answer: Responds to the claims. Include any affirmative defenses or counterclaims.
• Jury Request: Use if you want a jury trial.
• Proof (Explanation) of Delivery: Tells the judge how and when you will send your documents to the other people in the case.
• Fee Waiver Application: Ask the court to waive filing fees if you cannot afford them.

You can use the following Easy Form programs to prepare your forms:

• Respond to a lawsuit Easy Form: Create all the forms you need to respond to a lawsuit at once. This includes an Appearance, Answer, and optional Jury Request, Affirmative Defenses, Counterclaims, and Proof (Explanation) of Delivery.
• Appearance Easy Form: Create an Appearance, optional Jury Request, and Proof (Explanation) of Delivery.
• Appearance with e-filing Easy Form: If your case is filed outside of Cook County and DuPage County, use this program to create and e-file your Appearance, optional Jury Request, and Proof (Explanation) of Delivery. To use this program, you must also apply for a Fee Waiver.

If you prefer not to use an Easy Form, you can download the approved statewide forms from the Illinois Courts Standardized State Forms website. You can fill them out using Adobe Reader or print them and complete them by hand.

When you respond to a lawsuit, you usually have to pay a filing fee to file your forms with the court. The amount depends on the court and county where your case was filed.

Note: There is no filing fee to file an Appearance in a small claims case.

Depending on your case, you may also have to pay other court costs, such as:

• A fee to file a Jury Request
• A filing fee if you file a counterclaim
• Tasas para presentar ciertas mociones
• Costes de copias o documentos de la Corte certificados
• Expenses related to evidence or witnesses

Si no puede permitirse los costes judiciales, puede solicitar a la Corte una Exención de tasas. If the court approves your request, some or all court fees may be waived.

It depends on the type of case and what your Summons says. If you receive a 30-day Summons, you need to file an Appearance within 30 days after you are served with the lawsuit. In most cases, you will file your Appearance at the same time as your Answer.

If you receive a date-certain Summons, you can usually satisfy the appearance requirement by going to court on the date listed in the Summons instead of filing a written Appearance ahead of time. You may also choose to file a written Appearance before your court date. Even though going to court counts as appearing, the judge may require you to file a written Appearance after you appear in court so there is a formal record. If the judge signs an order requiring you to file an Appearance by a certain date, you must meet that deadline.

Always read your Summons carefully and follow the instructions. If you miss your court date or don't file a required Appearance, the court may enter a default judgment against you.

Civil cases can be decided by a bench trial, where the judge decides the facts and applies the law, or by a jury trial, where a jury decides the facts and the judge applies the law. Learn about the differences between civil bench and jury trials.

If you want a jury trial, you must complete and file a Jury Request form on time. If you do not file your Jury Request by the deadline, you may lose your right to a jury trial.

For defendants, the deadline depends on the amount of money involved in the case:

• If the case is for more than $10,000, file your Jury Request before or at the same time as you file your Appearance.
• If the case is for $10,000 or less, file your Jury Request on or before your first court date.

There is usually an additional fee to file a Jury Request. If you cannot afford the fee, you can ask the court for a fee waiver.

Note: If you started the lawsuit (the plaintiff or petitioner), different rules apply. Plaintiffs generally must request a jury trial when they file their Complaint or Petition. Más información sobre cómo iniciar una demanda.

It depends on the type of case and what the Summons says. If you received a 30-day Summons, you usually must file your Answer and Appearance within 30 days after you were served with the lawsuit.

If you received a date-certain Summons, you usually do not have to file an Answer before your first court date unless the Summons or a judge tells you to. Instead, you should go to court on the date listed in the Summons. The judge may order you to file an Answer after your first court appearance.

Always read your Summons carefully and follow the instructions. If you are required to file an Answer and do not, or if you miss your court date, the judge may enter a default judgment against you. This means the other side could win the case without the court hearing your side.

An Answer is a written response to a Complaint or Petition. It tells the court whether you agree, disagree, or do not have enough information to respond to the claims made against you.

In your Answer, you must respond to each numbered statement or paragraph in the Complaint or Petition. For each statement or paragraph, you must choose one of these responses:

• Admit: You agree that all of the statements in the paragraph are true.
• Deny: You disagree with one or more of the statements in the paragraph.
• Do not know: You do not have enough information to admit or deny whether the statements in the paragraph are true.

You do not need to explain why you admit, deny, or do not know whether a statement is true. Your Answer is only used to tell the court which statements you agree with and which you disagree with. You will have a chance later in the case to explain your side and present evidence.

If you have affirmative defenses or counterclaims, include them with your Answer.

Important: If you want to challenge the way you received the Summons and Complaint or Petition, or if you want to dismiss the Complaint or Petition because the lawsuit does not have a legal basis, you need to file a Motion before you file your Answer.

Maybe. If you need more time to file an Appearance, Answer, or another required document, or if you need to reschedule a court date, you can ask the court by filing a Motion to Continue (Reschedule) or Extend Time.

File your motion as soon as you know you cannot meet a deadline or attend a court date. If possible, file it well before your deadline or court date so the court has enough time to schedule a hearing on your motion before the deadline or court date passes.

The judge decides whether to grant your request after considering your reasons and any objections from the other side. You generally must show good cause, such as a medical emergency, needing more time to prepare your case, or another valid reason.

Do not assume your deadline has changed just because you asked for an extension. You must meet your current deadline unless the judge grants your motion. If you think you need more time, do not wait until the last minute. File your motion as soon as possible.

Usually, you must be properly notified ("served") with a Summons and a copy of the Complaint or Petition before the court can enter a judgment against you. This often means having the papers delivered by the sheriff or a special process server.

However, service rules can be complicated. You may have been properly served even if the papers were not handed directly to you. For example, in some cases, service can be completed by:

• Leaving the papers with someone who lives at your home and is at least 13 years old and mailing copies to you.
• Certified or registered mail in small claims cases.
• Publication or other alternative methods approved by a judge in limited circumstances.

Learn more about how a Summons can be served.

If you were not properly served, you may be able to file a Motion to Quash Service asking the judge to find that service was not completed correctly. If possible, it is a good idea to talk to a lawyer as soon as possible since the rules about challenging service can be complicated.

Be careful about ignoring the lawsuit. If you do not respond or appear, the judge may decide that service was proper and enter a default judgment against you.

An affirmative defense is a legal reason why the plaintiff or petitioner should not win the case, even if the facts in the Complaint or Petition are true. Algunos ejemplos incluyen:

• The plaintiff or petitioner waited longer than the law allows to file the case (the statute of limitations);
• The same claim was already decided in an earlier case; or
• The debt you are being sued for was already paid.

Not every case has affirmative defenses. If you think you may have an affirmative defense, consider talking to a lawyer. It is not always easy to identify affirmative defenses.

If you have affirmative defenses, include them in your Answer. This is important because you may lose the right to raise them later if you do not include them when you respond to the lawsuit.

Yes. Counterclaims are legal claims that you have against the plaintiff or petitioner related to the issues in the case. For example, if someone sues you for damage to their car after an accident, you could file a counterclaim if you believe they were at fault and owe you money for your injuries or damage to your vehicle.

It is not always easy to determine whether you have a valid counterclaim, so it is a good idea to talk to a lawyer if you think you may have one.

If you have a counterclaim, include it when you respond to the lawsuit. Like affirmative defenses, it may be difficult to raise a counterclaim later if you do not include it in your Answer.

Although participating in a lawsuit may seem intimidating, it is usually the best way to protect your rights. If you do not respond or appear when required, the court may decide the case without hearing your side and may enter a default judgment against you.

If you respond to the lawsuit, the case continues unless it is dismissed or settled. What happens next depends on the type of case and the judge's schedule. Some cases are resolved in a few weeks, while others can take months or longer.

You may have one or more court dates where the judge reviews the case, sets deadlines, or decides issues raised by either side. The judge may also require both sides to exchange information and evidence before trial.

Many lawsuits settle before trial. You and the other side can try to reach an agreement at any time. If you settle your case, make sure the court is notified and follow any instructions from the judge. Until the case is officially resolved or the court tells you otherwise, continue to attend all scheduled court dates, meet all deadlines, and read any notices you receive from the court or the other side.

If you have never been to court before, read our Going to court basics to learn what to expect and how to prepare.

No. You do not need a lawyer to participate in a lawsuit in Illinois.

Muchas personas se representan a sí mismas en casos civiles, especialmente en la Corte de reclamos menores. Sin embargo, representarse a sí mismo puede ser difícil. You are expected to follow the same court rules and deadlines as a lawyer, including rules about filing papers, evidence, and court appearances. Puede que necesite dedicar tiempo a aprender el proceso y preparar su caso. Aprenda sobre hacer su propia investigación legal para su caso en la Corte.

No se requiere un abogado, pero ayuda legal puede ser útil si:

• Su caso es complicado
• La otra parte tiene un abogado
• The lawsuit involves a large amount of money
• You think you may have affirmative defenses or counterclaims
• You are not sure how to respond to the lawsuit

Los jueces y el personal de la Corte deben mantenerse neutrales y, en general, no pueden ofrecer consejo legal. If you are not sure whether you need a lawyer, even a short conversation with one may help you understand your options.