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The Litigation ProcessThe litigation process or a lawsuit is comprised of a series of steps and stages at any point in which the parties can, if possible, resolve their differences in a mutually agreeable manner. Pre-Litigation. Steps can be taken pre-litigation to try to resolve matters before the parties incur significant legal fees. Sometimes this can be as simple as letters and phone calls. This is a great time to open communications with the opposing party about the possibility of litigation and ways in which it may be avoided. Initiating the Suit. A lawsuit is initiated by the filing of a summons and complaint with the appropriate court. The complaint is the document in which the Plaintiff tells their side of the story and makes their request for what it is they want out of the lawsuit or from the Defendants. Deciding what the appropriate court in which to file the litigation depends on factors including the amount in controversy, the nature of the dispute, the relief sought, where the parties are located as well as possibly other circumstances of the matter. After the proper court is selected and the summons and complaint is filed, it is necessary to provide notice to the opposing party by serving the complaint. The Initial Pleading Stage. After the complaint has been served upon the Defendant(s) the Defendants are given a certain amount of time within which to file their "Answer" to the Complaint. In their Answer the Defendant(s) will assert their position in the matter. Every dispute has two sides to the story. The Answer is their opportunity to tell their side of the story or to assert any number of defenses to the suit which may be availalbe to them under the law. Pre-Trial Procedures. The pre-trial procedures occur between the time that the Answer is filed and the actual Trial in the matter if it is necessary that the matter proceed to trial. Most matters settle before a trial is conducted simply because it makes economical sense in most instances. Some matters must be tried before a Judge or Jury because the parties are simply unable to resolve their differences otherwise. Motions. Pre-trial procedures can involve motions (matters brought before the court by either party seeking some form of limited action on the part of the court). Discovery. Before trial the parties typically engage in what is called Discovery. This is the formal and informal process by which the parties seek and share information about the case. The court will provide the parties only a limited amount of time within which to conduct discovery. In the smaller courts, discovery may or may not be allowed. Alternative Dispute Resolution.After the discovery period, many courts will send the parties to some form of alternative dispute resolution as an attempt to resolve the matters prior to getting to trial in the matter. Trial. If the parties are unable to resolve their differences through alternative dispute resolution, the matter will proceed to trial either before the judge or a jury. After each side has presented their evidence (through witness testimony and documents) to the fact-finder (judge or jury), a decision will be rendered in the form of a Judgment. The Judgment is the formal and final decision by the trier of fact. Post-Judgment Phase. After a Judgment is entered (assuming it is not appealed by either party), if the party against whom judgment is rendered does not voluntarily comply with the terms of the Judgment, the Plaintiff must seek enforcement of that judgment through any number of means available through the courts including garnishments, executions, etc. Summary. Litigation is a winding path with each part offering the parties opportunities to resolve their differences in a manner mutually acceptable to them. This is simply meant to give the reader a general idea of the roadmap of litigation to provide some insight as to the process involved. Each situation will be different with differing amounts of time allocated or required for each step of the process. If you are involved in or believe you might have a situation requiring litigation, please consult an attorney. |
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