Representation in Federal Court

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If you’ve been sued in the Federal District Court for the Eastern District of Pennsylvania, there are a number of questions you will need to confront quickly. These questions include whether you were properly sued in the Eastern District, whether the Commonwealth of Pennsylvania has “personal jurisdiction” over you in a lawsuit, and whether you have any counter-claims or defenses that you will need to raise in your first pleadings.

In federal court, if you have been served with a complaint you typically have only 21 days from the date of service to answer. If you waive service in advance, you will have longer to respond. 

Does Your Case Belong in Federal Court?

In addition to determining counterclaims and affirmative defenses available to you, an important question you should analyze is whether the case belongs in federal court rather than state court. Unlike state courts, federal courts are of limited jurisdiction, which means they can only handle cases specifically authorized by the Constitution and by Congress.

Whether the case you are involved in falls under those categories of cases authorized by Congress and the Constitution is a question requiring legal analysis that needs to be done immediately to determine whether the court has subject-matter jurisdiction over the claim. 

Choosing Your Next Steps

Additionally, like any other case, as a defendant, you need to decide up front whether you wish to fight the case and defend it on its merits or attempt to settle it and avoid the rising costs of defending a lawsuit. This decision can be difficult, but is made easier when you really understand the likelihood of your success in defending a case and the possible risks involved in losing it. This requires an exploration of the facts and law that gave rise to the lawsuit.

The Eastern District of Pennsylvania is sometimes called the “rocket docket” because of the speed with which litigation moves and the promptness of trial dates. Most cases in the Eastern District are set for trial in less than a year from the date the suit is filed. This is remarkably fast for courts of any kind and makes the Eastern District of Pennsylvania one of the most fast-paced courts in the country. 

Contact Cornerstone Law Firm

Perhaps you have heard the expression, “Don’t make a federal case out of it.” This simple expression confirms one truth about federal cases—they are serious and shouldn’t be ignored.

If you have been sued in the Eastern District of Pennsylvania, we welcome you to contact Cornerstone Law Firm. Contact us today for a consultation on your federal case:

Call Cornerstone Law Firm Today

Waiving Summons in Federal Court

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When you have been sued in federal court, it is customary for the attorney who represents the plaintiff (the person suing you) to reach out to you by email or letter with a copy of a Waiver of Summons. An example of what this document looks like is provided below.

waiver of summons
Sample Waiver of Summons

A Waiver of Summons requests that you sign and accept the service of the Complaint, thus simplifying the process of bringing you in to court to be sued. So why would anyone do this? Why make it easier for the person trying to sue you? There are three good reasons why you should consider waiving service of the Complaint:

1. You have more time to answer

If you are served with a Complaint in federal court, you get only 21 days to answer the Complaint. This is a very quick turnaround, especially when you take into consideration the time it might take to find a litigation attorney you trust who can handle a federal case.

However, if you sign the Waiver of Summons, you get 60 days from the date the waiver was offered to you. With more than double the time to answer, you may also have the opportunity for other procedural maneuvers and even opportunities to resolve the case out of court before undertaking the expense of filing an answer or a motion to dismiss.

2. It costs less to waive summons

Under Federal Rule of Civil Procedure 4, if you refuse to waive service, you are responsible for the cost of service. This can cost hundreds of dollars in some cases and that cost will ultimately be passed on to you, regardless of whether you win or lose the lawsuit. Compared to other litigation costs, this may not seem like much, but when you have the option to waive service and avoid this cost altogether, it certainly seems unnecessary.

3. You can avoid the embarrassment of personal service

Many people do not care about personal service and do not mind if a private process server shows up to hand them a complaint. However, if you run a business, and in many other circumstances, you may prefer not to be embarrassed in front of coworkers, friends, business associates, or relatives by service of the complaint and the announcement in front of those people that you have been sued in court.

Waiver of Summons allows you to avoid living under the constant fear of a process server arriving in your office or at your home, and announcing to everyone within earshot that you have a lawsuit in federal court against you.

To waive or not to wave?

With all that said, there are also some times that it is not wise to waive service of process. Although these situations are relatively rare, a good litigation attorney who handles cases in federal court can help you decide whether it is right to waive service or to force the other side to serve you with the process. And more important than this decision are the many decisions that will immediately follow.

Should you file an answer or a motion to dismiss? Should you be in discovery immediately or is a private, internal investigation the first step? These and a hundred other questions can be worked through with experienced litigation counsel.

Call Cornerstone Law Firm today if you have been sued in federal court to discuss your case and to see if one of our litigation attorneys can help you. 

Criminal Trial Attorneys in Berks County

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If you are facing criminal charges in Berks County, Pennsylvania, you will find yourself facing several very important questions as you strategize how to handle your case. The chief among all these questions is whether you should go forward to a trial on your charges or accept a plea deal. If you decide to go to trial, finding a good trial attorney will be vital.

Why a Trial Lawyer is Important

At Cornerstone Law Firm, our attorneys have experience at all stages of trial work and stand ready and willing to take your case all the way to trial. Whether to go to trial on criminal charges is an important and personal decision and depends on many factors. Getting good advice on whether you should go forward to trial rather than taking a deal that has been offered is an important part of this process.

A good trial attorney is willing to cross-examine the government’s witnesses, will effectively present your case in a way that is understandable to the jury, and can help you make the all-important decision on whether to testify or not. At Cornerstone Law Firm, our attorneys can help you with these questions. 

Contact Cornerstone Law Firm

Whether you are in the midst of criminal charges or are at the beginning of a criminal case, we welcome your call to discuss your charges. Your first consultation with us is free and totally confidential. Call us today and see how we can help you.