Ever feel like lawsuits only happen in movies or to somebody else? Until boom it directly hits you. The said litigation process could be very intimidating and overwhelming, no matter whether you're the one suing or the one defending yourself. Don't worry we're about to break it all down step by step.
This guide will serve as a handy manual so that you can better understand what to expect in a lawsuit to the end verdict. Aimed exclusively at business owners, individual persons of interest, or just someone curious about lawsuit protocol, this is your indispensable guide. Come, let us demystify the litigation process!
What is the Litigation Process?
Litigation is a legally sanctioned method of resolving disputes in a court of law. It launches from the point where a party organises a suit against another party. Afterward, both parties collect evidence, attend hearings, and negotiate settlements until they go to trial. Thereafter, if the case is in court, a judge or sometimes a jury directs the outcome.
After the verdict, there might be an appeal or action for enforcement. Litigation may be complicated and tedious, but following the key steps can make the navigation simpler. Whether you are suing for something or defending against something, an understanding of the process keeps you prepared and in charge.
If assistance from an expert is needed, reputable law firms like Summit Law can provide you with steps toward a decision.
Key Steps in the Litigation Process
Litigation is not merely going to court; it consists of various steps, extending from months to years. Knowing the expectations at each phase keeps one alert and ready with the right decision. Below is a rundown of crucial stages in litigation:
1. Case Evaluation
Before going to court, the plaintiff should meet with a lawyer to review whether or not they have a good case. This is done through the evaluation of evidence, legal grounds, and potential outcomes. If the case is weak, then alternative methods of dispute resolution may be recommended.
2. Filing the Complaint
The suit is commenced when the plaintiff presents a complaint to the court. This document sets out the claims, allegations, and the type of relief requested. The defendant is then served with the complaint and provided with a time limit within which to answer.
3. The Defendant’s Response
The defendant submits an answer where all of the claims are either admitted or denied. Counterclaims can also be placed in the answer, or the defendant can make motions to dismiss the suit in its entirety. In case the defendant fails to respond, the plaintiff can win by default.
4. Discovery Process
Discovery is a process in which both parties obtain evidence and exchange information and may involve documents, eyewitnesses, or expert opinions. Before trial, the court will execute sworn interviews known as depositions to prepare both parties. Discovery is designed to introduce light into the process and enable both parties to establish a case.
5. Pre-Trial Motions
The attorneys file motions that would settle legal matters even before the trial. These could include motions to dismiss, for exclusion of evidence, or for summary judgment (ruling without trial). Such motions might lead to a drastic detour of the case.
6. Settlement Negotiations
Most cases settle before trial. Both parties explicitly negotiate terms to resolve the dispute without going to court. Settlements cut down on costs and time spent on lawsuits. If it is settled, no trial takes place. If no settlement is reached, the case persists until trial.
7. Jury Selection (If Applicable)
In jury trials, juries are selected by the attorney using a process known as voir dire. They establish whether there are any biases present in the jurors and omit any that might be affected. Sometimes the presiding officer decides on a conclusively held bench trial.
8. The Trial Begins
Each party takes turns presenting their arguments, evidence, and witnesses. The complainant presents their case first, followed by the defense. In most cases, cross examination is undertaken by both parties to strengthen their cases and try and bring a hole in the argument presented by the opponents.
9. Closing Arguments
After all of the evidence is presented, the attorneys will summarise and make their closing arguments. They will emphasize the main points made, answer any weaknesses, and make a final pitch to the judge or jury when it is time to make a decision.
10. The Verdict
In a jury trial, the jury deliberates and writes the judgment. In a bench trial, the judge simply rules in favor of one party or the other. The verdict outlines the liability of the parties and the damages, or, in criminal law, guilt, and sentencing.
11. Post-Trial Motions & Appeals
The losing side will be able to file a motion or motions to vacate the verdict or request a new trial. If these motions fail, the party will appeal to a higher court because legal errors have taken place during the trial.
12. Enforcing the Judgment
To collect awarded damages, the winning party needs to start a legal process. These may include wage garnishment, liens against the liable party's property, or other means to compel compliance.
Conclusion
Litigation may feel daunting, but understanding each step makes for an easier process. When you're suing or defending, knowing what to expect helps you be prepared. While some cases get settled, some make it to trial nonetheless, having the right legal strategy is key. Some questions remain unanswered. Summit Law litigation lawyers can make all the difference!
