BEC初级口语素材4
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Part III Let’s Talk Business Suites Without Lawyers Any person has the right to sue another partyfor money judgment without a lawyer, or technicallyspeaking "pro se". Pro se (pro-say) means by or foryourself. Each state sets own limits for so calledsmall claims. Such claims usually arise fromimproper car or appliance repair, defaults in rent orloan payments, return of rent deposit, and so forth.For example, in Illinois the small claims limit is $5,000dollars. State laws and judges facilitate more expeditions and less formal adjudication of suchclaims for damages than in other cases and court proceedings. A person pursuing a claim in court is called "plaintiff" and a person being sued is called"defendant". Plaintiff files a "complaint" stating plaintiff’s and defendant’s names, home orbusiness addresses, dates, events and gist of the claim. Copies of receipts, contracts,estimates and pictures must be identified in and attached to the complaint. Every paragraphmust be numbered and brief. The complaint has to specify the relief sought by the plaintifffrom the court. Legal entities, such as corporations, partnerships, trusts or associations, may beprohibited by statutes from litigation without attorneys. Minors can be represented by theirparents. Anyone who reached the age of majority can be a pro se plaintiff. A defendant must be served with a summons and a complaint. If the wrong defendant isserved, or the service of process is otherwise done improperly, no court judgment will be valid.A defendant may be served by certified mail or through sheriff. Service on a defendant-corporation must be either on any officer of the corporation or its registered agent. If the properly served defendant does not appear at trial, then a default judgment will beenterd against that defendant. If the plaintiff does not appear at trial, then the case will bedismissed for want of prosecution. A complaint must identify the parties by names, principal place of business of a company orhome address of a defendant, the place of the occurrence, acts of the parties, allegation ofthe wrong and remedy sought. State statutes proved that the winning party is entitled tocosts incurred, such as filing fees, sheriff’s charges and cost of subpoenas served onwitnesses. Attorney’s fees are rarely awarded by judges, unless the statute relied the party specificallygives such a right. A defendant must file an appearance and pay the appearance fees within thirty days ofservice upon that defendant. A written answer has to be filed only in cases involving theamounts in excess of $5,000.00 or other minimum limits set by the state law. A defendantalso can file a counterclaim against the plaintiff for poor workmanship and resulting damages, ormoney owed to the defendant-counterplaintiff. One party may request the other party produce documents and things, answerinterrogatories (questions to be answered under oath) and take part in depositions (oraldiscovery or questioning of a witness or a party in the presence of a court reporter) if thejudge or law allows this. Witnesses can be subpoenaed (the subpoenas are issued by the court) for trial. A witnessis entitled to a statutory fee plus mileage reimbursement. Witnesses can testify about theevents (what they saw or heard) or give opinions on matters within their expertise. Forexample, a mechanic can opine on the quality of engine repair, a doctor can give opinionsabout the health problems, a dog trainer about the dog behavior, and so on 相关资料 |
