Litigation Process

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Steps for a legal process

To understand the operation of a legal process better, this article will brush on some steps of a legal litigation. It will allow you to grasp some legal terms and definitions used in litigations as well as briefly describe each step. Every case or claim begins with a complaint. The complaint is the key reason to why there are litigations in the first place.

The Complaint

After spending $150 in civil case fees, the Litigation process starts when the plaintiff files a complaint with the court and sends a copy of the complaint to the defendant. The complaint explains what the defendant did (or failed to do) that caused harm to the plaintiff and the reason why the defendant should be found legally responsible to the plaintiff.

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The defendant is then allowed a specific amount of time to file with the court an answer to the complaint. In some instances, in lieu of an answer or reply, a party may request that the other party clarify or correct deficiencies in its factual allegations or legal theories, and this may lead to amended complaints or amended answers. Once the parties have settled on a complaint, answer, and reply, the case is said to be at issue, which means that the issues for resolution are now defined.

Alternatives to Litigation

Settlement

A settlement can be discussed by any party at any time during litigation and is often a less expensives alternative to trial.

Arbitration and Mediation

Two additional alternatives to litigation are arbitration and mediation.

Arbitration is an adversarial proceeding in which the parties select a neutral third party, called an arbitrator, to resolve their dispute. The process is shorter and less formal than a regular trial. Many courts require the parties with smaller disputes to explore arbitration as an option to trial. Parties who agree to settle their dispute using arbitration usually cannot appeal the arbitrators ruling to the court.

Mediations also involve a neutral third party, but it is the mediators job to assist the parties settlement efforts. The parties select the mediator, who meets privately with each party to discuss the strengths and weaknesses of each sides case. The mediator helps the parties identify the risks of the case and encourages them to consider how those risks can affect their goals. Courts encourage the use of mediation.( US Courts, 00)

Case Duration, Preparation, and Discovery

The duration of a lawsuit depends on the issues of the case, the amount of discovery to be conducted, and court scheduling and availability. The parties, guided by the rules of court, usually decide the timing of discovery. Trial dates are set by the court. Timing and scheduling differ between state and federal courts.

Thorough case preparation is critical to any successful litigation. Research of the law, document review and organization, and witness interviews help clients and their lawyers assess the merits of claims and defenses. The extent to which these and other steps are needed is determined by the issues of the case.

Discovery is the method by which parties get relevant information from each other or from third parties. Discovery is the longest part of the case It begins soon after a lawsuit is filed and often does not stop until shortly before trial. During discovery, the parties ask for information about the facts and issues of the case. Information is gathered formally through written questions, requests for documents, and requests for admission.

The use of depositions, in which witnesses are questioned under oath and in front of a court reporter by the parties attorneys, is another key method of obtaining information. Depositions sometimes may be used at trial to show inconsistencies in a witnesss story or to question the witnesss credibility. Depositions sometimes also may be used in place of a witness who is not able to attend trial in person. When a witness is used for a disposition, they are kept out of the courtroom until it is time for them to testify.(Kramer, 00)

Motions

Before a trial, the parties may use motions to ask the court to rule or act. Motions usually pertain to law or facts in the case, but sometimes they seek clarification or resolution of procedural disputes between or among the parties. Some motions, such as the motion for summary judgment, which asks the court to dismiss part or all of a plaintiffs case or a defendants defense, dispose of issues without trial. Other motions might ask the court to order a party to produce documents or to exclude evidence from trial.

The trial

At the trial, the parties present evidence in support of their claims or defenses to a jury and/or judge. Immediately before trial, each party provides to the judge a document, called a brief, that outlines the arguments and evidence to be used at trial. In a jury trial, both parties question potential jurors during a selection process called voir dire. Once the jury has been selected, each party presents its outline of the case in an opening statement.

Evidence is then presented. Each party may call witnesses or documents and exhibits in support of its arguments. The plaintiff presents evidence first, then the defendant. Sometimes, the plaintiff is allowed to present additional evidence, called rebuttal evidence, after the defendant has finished presenting its case. Once all the evidence has been presented, the parties give their closing arguments. After closing arguments, the court instructs the jury on the law to be applied to the evidence. The jury then deliberates and reaches a decision or verdict.

Appeal

Following trial, a party dissatisfied with the result may seek an appeal. During an appeal, a party asks another court to review the trial court proceeding. The parties present their arguments in briefs, which are submitted to the appellate court along with the record of evidence from the trial court. An appeal can extend the litigation process by a year or more.

Conclusion

A summary of the legal process can be describes as a simple complaint. That complaint is examined with particular evidence and depositions. Once all the evidence is examined, it is determined by jury and or a judge the verdict of the claim based on the information that was presented. Finally, an unhappy party can file an appeal if they are not satisfied with the outcome of the trial. It then goes on through another process.

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