While the commencement of a civil litigation suit is the culmination of a great deal of preparation for the plaintiff, it is just the beginning for the defendant. A defendant must decide whether to take the offensive by preparing a motion to dismiss or to answer the complaint. For example, if a plaintiff has brought a cause of action based on negligence, the defendant's legal team will need to determine if defenses—such as assumption of risk or contributory negligence—apply.
The team also has to weigh the applicability, and sometimes necessity, of counterclaims, cross-claims, and/or third-party complaints. The entire legal strategy must be put into place while the clock is ticking. Paralegals may be placed in the role of case manager for the litigation process. The case manager is responsible for tracking the deadlines for pleadings so the client's case can be appropriately planned to yield the best possible strategy.
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