A Beginner's Guide to the Litigation Process: What You Need to Know

27 September 2024 by Carey eDiscovery litigation

Takeaway: If you’re involved in a lawsuit or thinking about filing one, it’s essential to understand the litigation process. Knowing each step, from starting a lawsuit to trial, appeals, and more, can help you navigate the legal system confidently.

What is litigation?

Litigation is the process of resolving a dispute in court. It involves one party (the plaintiff) seeking legal remedies from another (the defendant). While it can be complex, time-consuming, and expensive, it’s often the best way to settle certain disputes. Many people think litigation means going to trial, but there are several steps before and after the trial that make up the entire process. Let’s break down each stage to give you a clearer picture.

1. Filing the lawsuit: Getting started

Disagreements happen constantly, and while discussing things can resolve many of them, some need legal intervention. The first step in litigation is filing a formal complaint. This document outlines the plaintiff’s claims against the defendant, including the case facts and why they are suing.

After filing, the defendant is “served”, which means they receive a copy of the complaint and a summons. The summons is a legal notice telling the defendant they’re being sued and giving them a deadline to respond.

2. Pleadings: The first response

When the defendant is served, they must respond to the complaint. The defendant’s response is called the “answer”. Here, they’ll provide their side of the story, defending themselves and explaining their actions. The defendant might also file a “motion to dismiss”, arguing that there are legal reasons to dismiss the case. This stage sets the foundation for the case, giving the court an idea of the key issues.

3. Discovery: Gathering the facts

Next comes the discovery phase, where both sides gather evidence to support their claims. This stage can be detailed and time-consuming as each party tries to build a strong case. Discovery involves:

Interrogatories: Written questions that the other party must answer under oath.
Depositions: In-person interviews where lawyers question the other side, witnesses, or experts under oath.
Requests for production: Asking for relevant documents, emails, social media posts, or records.
Requests for admission: Asking the other side to admit or deny certain facts to narrow down the issues.

Discovery is crucial because it allows both sides to see the evidence, which can lead to a settlement or help shape their trial strategy.

4. Motions and pre-trial hearings: Narrowing the case

During the litigation process, either side can file motions (an application to the court by either of the attorneys) to ask the court to make decisions on certain issues. Common motions include:

Motion to dismiss: Asking the court to dismiss the case for legal reasons.
Motion for summary judgment: Arguing that there’s no dispute about the facts, so a trial isn’t necessary.
Motion in limine: Requesting that certain evidence be excluded from the trial.

These motions are usually addressed in pre-trial hearings, where the judge sets the final trial date.

5. Settlement negotiations: Avoiding trial

While gathering evidence, many cases go into settlement negotiations. In fact, most civil cases settle out of court to avoid a trial’s cost, time, and uncertainty. Settling offers several benefits:

It is cost-effective as you can avoid the high costs of a lengthy trial.
Time-saving since trials can take months or even years, while settlements can happen faster.
Both parties have more control over the outcome rather than leaving it to a judge or jury.

If both sides agree to a settlement, the case is closed, and the terms become legally binding.

6. The trial: Making your case

If the case doesn’t settle, it goes to trial. Both sides present their evidence and arguments before a judge or jury during the trial. The trial process includes:

In jury trials, both sides select the jury through a process called “voir dire,” also known as jury selection.
The attorneys for each side will give their opening statements, giving the court and jury an overview of their case.
As the trial progresses, you will listen to witnesses provide evidence via witness testimony and have opposing counsel cross-examine them and their statements.
Once all the witnesses are heard and the counsels finish presenting the case, they will summarize their cases and explain why they should win in closing arguments.
The judge/jury then pronounces the verdict based on the evidence they have heard. **In jury trials, the jury deliberates and decides the outcome. In bench trials, the judge makes the final decision.

If the plaintiff wins, the court will award damages or other relief. If the defendant wins, the case is dismissed.

7. Appeals: Taking it to a higher court

If one side isn’t happy with the trial outcome, they can file an appeal. Appeals don’t involve a new trial but focus on whether legal errors affected the result. The appellate process involves:

Filing the appeal - where the party seeking the appeal submits briefs outlining the legal mistakes they believe were made.
The appellate court then reviews the trial record and may hear oral arguments.
Finally, the appellate court makes a decision. The court can uphold, reverse, or send the case back for a new trial.

Appeals can take months or even years and are usually reserved for significant legal issues.

8. Post-litigation: Enforcing the judgment

After the trial or appeal, the final step is enforcing the judgment. If the court awards damages, the winning party may need to take additional steps to collect. Common methods include:

Writs of execution: Court orders to seize property or wages to satisfy the judgment.
Garnishment: Seizing a portion of the defendant’s wages or bank account to pay the judgment.

Enforcing a judgment can be tricky and may involve further legal action, but it is important to ensure the winning party receives what they’re owed.

The litigation process can be complex, but breaking it down into these stages makes it easier to understand what to expect. From filing a lawsuit to possibly appealing the decision, knowing each step helps you prepare for what lies ahead. Having a clear roadmap for litigation reduces uncertainty and gives you a better chance of a favorable outcome.

Always consult an experienced attorney to guide you through the process and protect your rights.

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