It can be intimidating when you consider smart litigation issues are going on. This happens especially at the time when you have never taken part in a lawsuit.

When a civil case is filed, the plaintiff (who files) or the defendant (the one against whom the suit is brought) will find it useful to learn the various steps involved in a litigation process,

to make them feel less anxious and enable them to be more involved in the litigation. The following are the steps in the litigation process starting with the filing, through resolutions.

Litigation Process Step-by-Step Guide

1. Initial Consultation and Case Evaluation -

The process of litigation normally starts with initial consultation. In this phase, you will also have an initial meeting with a Lawyer whereby you will cover the facts surrounding your case, claimed or defense that is out there and also the outcomes that may arise. The Lawyer will consider the legal merit of your case and guide you about your choices including litigation vs mediation, a settlement, or alternative dispute resolution choices of settling cases.

2. Strategy and Pre-Filing Investigation -

Your legal team may do a prior investigation before having a lawsuit. This entails retrieval of paperwork, potential witnesses, but also contracts or records, as well as other reviews of laws.

The aim of it is to formulate an obvious legal course of action and make sure that the case is sound to the point where action can be taken.

3. Complaint or Answer Filing -

Role of Plaintiff: The involvement of plaintiff commences the official litigation process when the plaintiff lodges a complaint with the relevant court. This court filing is a document that specifies what the plaintiff wants, why he/she is filing a suit and what he is seeking in the form of relief (i.e., damages or injunction).

Role of Defendant: After the defendant has been served with the complaint, he or she usually has either 20-30 days (depending on the jurisdiction) to respond.

This reaction can be referred to as an answer, during which the defendant accepts or rejects the accusations and can set his counterclaims or defenses.

4. Discovery Phase -

The discovery gives both parties a chance to get evidence against the other party. It is usually the most time-consuming and most vital phase of litigation.

Written Discovery: This encompasses interrogatories (written questions), requests of production of documents and request of admission.

Deposition: Oral testimony given under oath by witnesses and other parties, that is generally recorded by a court reporter.

Subpoenas: Subpoenas can be obtained to get documents or testimony of third parties.

Discovery makes things transparent and enables both sides to evaluate strengths and weaknesses of the case before trial.

5. Motions Practice -

Between discovery and trial, lawyers can file motions in order to have some of the questions answered before the trial begins.

Motion to Dismiss: This moves on the ground that the court should dismiss the case, on legal grounds.

Motion Summary Judgment: Requests the court to make a decision in the favor of one side, based on undersigned facts.

Discovery Motions: When one party feels that the other is not providing the information in the case.

Courts can either grant or deny such motions thus depending on how this is granted or denied may seriously affect how the case is carried.

6. The Settlement Negotiations and Mediation -

The majority of the civil cases reach an agreement before the trial appears in court. During the litigation process, parties can also engage in informal settlement discussions or formal mediation organized by a third party who is a mediator. Settlement is cost effective and avoids encumbrance on time and predictability on outcome. Your Lawyer will advise when settlement is and how they can be formulated in your case.

7. Trial -

When peace talks do not succeed, the case will be taken to court.

The trials may be conducted in front of a jury or a judge (bench trial).

Pre-Trial Preparation: This is the process of ensuring the evidence is finalized, witnesses are prepared, opening and final statements are formulated.

Trial Proceedings: Involve opening statements, examination of the witnesses, presentation of a piece of evidence, cross- examination as well as the closing statements.

In civil litigation, preponderance of the evidence is normally given as the level of proof a case needs. Judge or jury will decide the issue of liability and fix damages in case of damages.

8. Post-Trial Motion and Appeals -

Once the trial is completed, both sides can also enter into post-trial motions (e.g. motion of a new trial or modify the judgment). In case either part feels that there was a mistake in the trial that was handled in the court, then they can appeal to a higher court.

The appeals are based on legal aspects-not new facts developed-yet can add to the duration of the litigation. The decision can be overruled, affirmed, or remanded by appellate courts.

9. Execution of Judicial Decision -

Doubting a victory in the case where you will be awarded compensations, you might have to enforce the judgment too. This has the capability of being presented as wage garnishment, liens, or simply other methods of collection. With the help of your Lawyer, such a process can be carried out so that you could enjoy compensation obtained according to the resolution of the court.

Final Thoughts

This makes litigation quite a difficult and time-consuming process, although it is possible to simplify it with the help of a good roadmap. The best of legal representation will keep your name clear in each and every step of all the processes, including the first step of filing and last step of resolutions. If you are about to initiate a legal action as a plaintiff or are facing a lawsuit as a defendant, our skilled litigation Lawyers are ready to give you advice and representation to make the process as favorable as possible.