Civil litigation is the formal process for dispute resolution, typically through the court system, but sometimes through alternative dispute resolution systems, such as arbitration. If there is a contract between the parties in dispute, the contract may specify that arbitration rather than a lawsuit must be pursued to resolve disputes between the parties. Arbitration is less formal than a lawsuit, it is private, typically less expensive and moves faster than a lawsuit, and the case is decided by one to three arbitrators, rather than by a judge or jury. Depending on the nature of the dispute, deciding whether to pursue it in court or in arbitration may be an important strategic decision.
- Pre-Suit: Laying the Groundwork
The pre-suit phase can be a critical first step in any potential litigation. This stage is about investigation and evaluation of the claims or potential claims. Often, this stage may also involve preparation and service of pre-suit notices or demand letters. The pre-suit phase also may offer an opportunity for early dispute resolution.
- Complaint: Initiating the Lawsuit
A complaint is a formal declaration of the facts and legal claims by a plaintiff that initiates a lawsuit. A summons is prepared and filed along with the complaint and the clerk executes the summons which is then served upon each defendant along with the complaint by a process server. A defendant who is served with a summons and complaint has 20 days to respond. Absent a timely response, a default may be entered, and default final judgment then pursued.
- Motion to Dismiss
In response to a complaint, a defendant may file a motion to dismiss, which may challenge the court’s jurisdiction, venue, or the legal sufficiency of the claims in the complaint.
- Answer: The Defendant’s Formal Response
If the motion to dismiss is denied, the defendant must file an answer. The answer serves as a formal response to each allegation and claim made in the complaint. The answer may also assert defenses, counterclaims, cross-claims or third party claims. Once the complaint is answered, the pleadings are “closed”, and the case may be set for trial.
- Affirmative Defenses
A defendant may assert affirmative defenses in the answer. Affirmative defenses are legal justifications or excuses for the defendant’s actions.
- Motion for Summary Judgment
A motion for summary judgment is a powerful tool to determine certain issues or even end the litigation without a trial. If the party filing the motion for summary judgment can establish that no material facts are in dispute, and that the undisputed facts establish part or all of the moving parties’ claim or claims, the court may enter judgment on the issues or claims that have been established by the uncontested facts as a matter of law.
- Discovery – Written Discovery
Written discovery consists of requests to produce documents, interrogatories, requests for admissions, and third-party subpoenas for records. A request to produce is a written request to the other party requesting that certain documents be produced. Interrogatories are written questions to the other party, in response to which the other party must provide answers under oath. Requests for admissions request that particular statements or claims be admitted or denied by the other party. Third party subpoenas are served upon non-parties and request that certain records in the non-party’s possession be produced
- Discovery – Depositions
Depositions are another important part of discovery. A deposition is when a party or a witness is placed under oath and asked questions by the attorneys. Deposition testimony is transcribed by a court reporter, and the transcribed questions and answers of a deposition may then be used in further court proceedings, such as in support or opposition to a motion for summary judgment, or if the deposition testimony is inconsistent with trial testimony, the prior deposition testimony may be used to impeach or challenge the credibility of the witness for giving inconsistent testimony.
- Settlement Negotiations and Mediation
Settlement negotiations and the development of an overall settlement strategy are important aspects of every dispute. Settlement negotiations, whether conducted pre-suit or during the litigation process, offer the chance for resolution based upon terms that are acceptable to both parties. Litigation of a dispute through trial produces a result that is limited to the remedies that the law and rules allow, which is typically much narrower than a resolution created through successful settlement negotiations. Mediation is a formal settlement negotiation that implements a mediator to facilitate negotiations between the parties. Mediators are usually attorneys or retired judges that have experience with the type of dispute being negotiated. The mediator is selected and agreed upon by the parties in advance, as is the date, location and length of the mediation session. The mediator does not make rulings or decisions about the case but rather the mediator serves as a neutral third-party who is specially trained in facilitating settlement negotiations. Settlement negotiations, including mediation, are legally protected as confidential and may not be mentioned or used in any court proceedings. The strict confidentiality of settlement negotiations is to promote open discussions between the parties. Resolution of the case on terms agreed upon by both parties is a settlement, whether reached informally or at mediation. Most cases are resolved through settlement negotiations or mediation. The courts typically require the parties to go to mediation prior to trial.
- Hearings
Hearings are sessions before a judge where legal arguments are presented, and decisions are made by the judge on various types of pre-trial issues, typically raised by motions. These can include various pre-trial motions, motions related to discovery, and other matters that need to be resolved before trial.
- Trial: The Pinnacle of the Litigation Process
The trial is the culmination of the litigation process, where each party presents its case before a judge or jury. Trials typically involve opening statements, presentation of evidence through witnesses and documents, cross-examination of witnesses, and closing arguments. The outcome of a trial is a verdict. The judge then enters a final judgment based on the verdict. Trials can be complex and always require meticulous preparation and skilled advocacy.
Conclusion:
Each step in the litigation process requires strategic planning, detailed preparation, and expert legal representation and advocacy. At Lacey Lyons Rezanka, we provide comprehensive guidance and representation through every stage of litigation. Our commitment to advocate for our clients is unwavering, and we strive to achieve the best possible outcomes for those we represent.
Call to Action:
Navigating the legal system can be overwhelming, but you don’t have to do it alone. If you’re facing a legal dispute or need expert guidance, Lacey Lyons Rezanka is here to help. Our team of experienced litigation attorneys is dedicated to providing top-tier legal services, ensuring your rights are protected and your voice is heard. Contact us today to schedule a consultation and partner with a legal team that you can rely on.