- 1). Get an attorney. The legal profession is bound by countless rules of procedure and evidence; every "i" must be dotted and every "t" crossed. One untimely filing or procedural mistake can cost the entire case. The beginning of a legal proceeding has so many different procedures that compliance with the rules is difficult for an attorney, much less a layman. If hiring a defense attorney is not economically feasible, then apply for a public defender at the local court house. In any criminal matter, access to a public defender is a right.
- 2). File an answer. The response to every complaint in every state is the answer. The answer is filed by the defendant and admits or denies the facts, claims and allegations of the complaint. It must include any affirmative defenses that the defendant plans to use during the trial. Affirmative defenses are defined by local court rules but include procedural defenses, such as the failure to state a claim, to dismiss the complaint before the trial. In addition to the rigorous rules concerning pleading formation, the answer must be filed within a timeframe specified by the state in the local court rules.
- 3). Request discovery. Discovery refers to the period of time before the trial when both parties conduct fact-gathering. Depositions, interrogatories and requests for documents are just some of the tools or devices used to narrow the legal issues and amass information. For each tool there are numerous rules propounded by the federal, state and local governments as to their use. Use each device as the facts in a particular case warrants to gather the necessary evidence to fight the complaint.
- 4). Compile witnesses and evidence. This step should be taken in conjunction with discovery. Every fact or claim being made by both parties must be substantiated by witnesses or evidence to use as a justification in a court room. Each witness or piece of evidence should confirm or deny the existence of a particular fact or claim. Use the tools of discovery to enter the witness statements or evidence into the trial record.
- 5). Be on time. Timeliness has a lot of bearing on a court proceeding. The complaint, answer and every piece of paper entered into court records must be filled out and filed in a timely manner. Every hearing prior to trial to argue affirmative defenses, witness testimony and evidentiary basis also have timing requirements that guide the filing of motions. Consult the local rules to ensure compliance with timeliness requirements.
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