Whether you have been wronged by another and are considering legal action, or you are faced with the prospect of being sued, it’s wise to familiarize yourself with the legal process. Regardless of the type of lawsuit, the stages of the litigation process tend to be quite similar. We discuss these phases below.

Investigation

Step one is to find an attorney with the knowledge and experience to skillfully resolve your legal matter. Your attorney and their support team will launch a thorough investigation into your case, during which you should be available to answer any questions that arise.

Your lawyer will likely request documents from various parties with knowledge of your situation, and may even hire a private investigator to do some in-depth digging. Your legal team will use this information to create a timeline of events and set a strong foundation for your case.

Initial Filings

After your attorneys have completed their investigation, they will draft the initial filings required to bring your claim to court. This is called a complaint. The complaint outlines all parties involved, including each Plaintiff and Defendant. It describes why the jurisdiction you are filing in is appropriate, lists each claim and fact of your case, and makes an initial request for relief to the court.

A Defendant responds to the complaint by filing what is referred to as an answer. Collectively, complaints and answers are known as pleadings. The answer will include a response and defense to each individual allegation in the complaint. Defendants may also file a motion to dismiss, which is a request to have the court throw out the lawsuit. It should be noted that this is a common tactic used by defense lawyers, and does not mean that the Plaintiff’s case is weak.

Discovery

The third stage of the litigation process is often the longest. Discovery involves document requests, depositions, and legal interviews. Each of these are intended to fully flesh out the facts of the case. Although discovery requests can be time consuming, they are often needed to get each party’s stance in writing. Each side will send a series of requests to opposing counsel. You will need to work closely with your attorney during this process.

Depositions, which are formal interviews transcribed by court reporters, can be the most difficult part of discovery. It is critical to prepare before your deposition. Your lawyer will go over potential questions so that you are less likely to be surprised during the interview. As you will come to rely on your attorneys during this process, it is extremely important to feel comfortable with them.

Pre-Trial

Shortly before your trial date, there may be a settlement conference. This is where parties and their counsel meet in an attempt to resolve matters before trying the case in court. Pre-trial discussions can be successful, allowing you to avoid trial entirely. But if the matter cannot be resolved out of court, pre-trial work will take place. Your attorneys will set the stage for evidence and witnesses to appear at trial, and handle motions that may need to be filed or responded to.

Trial

Trials occur before a judge, and sometimes a jury. They can be quite stressful, and can last anywhere from a few hours to several days or weeks. If your trial is a jury trial, the first step is something called voir dire. Voir dire is when attorneys choose jury members by asking questions designed to determine a juror's biases.

The length of trial varies widely, but it starts with both parties making opening statements. Then evidence and witnesses will be introduced. Finally, closing arguments will be made. The judge or jury will deliberate and return with a verdict. The verdict is the final decision, often assigning fault and an award to one or more parties.

Appeal

If either party feels as though the trial was faulty, or the final verdict was incorrect, they may appeal the decision to a higher court. This court will review the facts to determine if any legal error occurred. Keep in mind that this is a very high bar to meet, and it is rare for appeals to be granted.

Contact Deppman Law PLC Today

If you are facing a lawsuit or wish to bring a lawsuit against someone who has caused you harm, the skilled litigation team at Deppman Law PLC can help. Contact us today for a confidential consultation about your case.