typical litigation process
Whether you’re facing a civil lawsuit or defending against one, there are a few key stages that your attorney will take you through. Understanding the different stages will help you map your case and create a winning litigation plan.
A complaint is the first step in a lawsuit. It lays out all of the facts and the legal claims of each party involved. It may be verified (signed by the plaintiff under penalty of perjury) or unverified, and it is filed in a court of law.
After a complaint is served on the defendants, they will have a period of time to respond. They can file a formal answer to the complaint, or they can simply ignore it and move on with their own legal actions.
What are the different stages of a typical litigation process?
The discovery process involves gathering evidence and documents from both sides of the dispute. It can include subpoenas and requests for information. It also includes taking depositions, which are statements given under oath. This stage helps ensure that parties know what information will be admissible in court, and it also prevents ambushes and surprises from happening during the trial.
Before a lawsuit goes to trial, both parties will meet with the judge and make an attempt to settle the case. This can happen by mediation or through a settlement conference. Depending on the circumstances, settlement can be reached in a matter of days or weeks.
In preparation for a trial, attorneys need to gather sufficient evidence to prove their case, plan the order in which they will present it to the jury and submit briefs on all of the legal issues that will arise at trial. They also need to consult with experts and put together jury instructions.
A pre-trial conference is held to determine the date and place of the trial. At this meeting, the judge will set the timeline for the trial and give each side an opportunity to address important issues that are likely to arise at the trial.
Before a jury is chosen, attorneys will ask potential jurors a series of questions designed to determine their biases. Once they are satisfied that the potential jurors are impartial and will not be biased, the jurors are chosen.
Following the opening statements, both sides will present their case. Each will introduce their witnesses, evidence and theories of the case. They will then give their closing arguments.
The judge or jury will then decide on a verdict, and either party can appeal to the higher court. If a party loses on appeal, they may petition for rehearing en banc. This means that all the appellate judges from that court will hear the case again.
A typical civil lawsuit can take from a few months to several years to complete. The exact length of time will depend on the number of appeals and trials that are necessary. It is best to start your case as early as possible.