What You Need to Know about Litigation

Litigation can often be intimidating and overwhelming for those who are unfamiliar with the process. Understanding the basic framework of litigation can help ease some of those concerns. Additionally, experienced litigation can guide you through the process by creating a litigation strategy that best suits the unique needs of your specific case.

What is litigation?

Litigation refers to the process of taking legal action, usually in court or before an administrative agency. A lawsuit refers to the specific case one party initiates against another. Litigation is broader and includes numerous “behind the scenes” steps taken to advance a lawsuit. 

Litigation often takes place through the court system but also can include other forms of alternative dispute resolution, such as mediation or arbitration. Litigation generally progresses through the following series of steps.  

Pleadings

The pleadings stage initiates the lawsuit. A summons and complaint are the formal documents served by the plaintiff (the party bringing a lawsuit). The complaint will detail the facts of the dispute and the legal claims that are being pursued.  

The defendant may respond to the complaint by filing an answer, which is the formal document denying facts or claims. Affirmative defenses generally must be raised in the answer, or they are deemed waived, so it is important to work with an attorney who can assist you with preserving your defenses.

If you are served with a summons and complaint, you should immediately seek legal advice because once you are served with these documents, your time to file the answer begins to run. If you fail to answer in the required timeline, you could have a default judgment, for the amount claimed, entered against you.

Discovery

Discovery is the “fact-gathering” part of litigation. During discovery, each side can ask the other side to answer questions and provide documents. Discovery can be conducted through written requests, such as interrogatories (questions), requests for admission (asking a party to admit a fact is true), and requests for the production of documents. Discovery can also be conducted through a deposition, which is a verbal examination conducted under oath.

Your attorney can determine what type of discovery strategy is most effective to uncover facts and best advance your case. If you are being deposed in a case, your attorney can also help prepare you, so you know what types of questions to expect.

Motions

Motions are written requests to the court for a ruling. A popular type of dispositive motion is called a motion for summary judgment. When a party files a motion for summary judgment, the party asks the court to rule in their favor on one or more issues before trial. An experienced litigation attorney will be able to determine if your case is a good candidate for summary judgment.  

Pre-Trial

There are various steps that need to be taken as a case is nearing trial. For example, each side will have to disclose their exhibits and witnesses to the other side. Additionally, a party may file motions in limine, which ask the court to exclude certain evidence before trial.

Trial

Some cases are tried by a jury, while others are tried by a judge. If a case is tried by a jury, the jury will be selected during a process called voir dire.

The parties then move to opening statements. Opening statements are non-argumentative and serve as a road map so the jury has a general overview of what the case is about.

After opening statements, the plaintiff presents its case followed by the defendant. During a party’s case-in-chief, the party side calls witnesses and presents documents to support its case.  

Because the plaintiff is the party bringing the lawsuit, it has the burden of proof. Most civil cases have a preponderance of the evidence standard, which means the plaintiff must convince the jury that there is a greater than 50% chance the claim is true.

After each side rests its case, the parties move to closing arguments. Unlike an opening statement, closing arguments are the opportunity for the attorneys on each side to argue how the evidence presented during the trial supports their claim or defense.

Following closing arguments, the jury will then deliberate to reach a verdict. The jury is responsible for determining liability and awarding monetary damages.

Because litigation and trials are a time-consuming and expensive endeavor, most civil cases are resolved before trial. Consequently, it is important to build a strong case throughout the entire litigation process. 

Appeal

Following the trial, the parties have the right to appeal if they believe there was a reversible error that impacted the outcome of the trial. The parties have a specific deadline by which they must file a notice of appeal.

Our Team

Woods Fuller Law Firm has a full-service litigation practice with extensive trial experience. Our attorneys take a collaborative approach to the legal representation of individuals, private and public companies, employers, and agricultural producers with the singular goal of achieving a successful outcome. If a dispute arises, our attorneys will guide you through your options, from mediation, settlement, and arbitration, to proceeding with a trial.

Click here to meet the Woods Fuller litigation team.