In 2019, civil case filings increased by three percent to a total of 282,289 throughout the country for that year. Each of these filings was required to go through a process called litigation.
Litigation is a process meant for handling disputes through the court system. It allows a third party to make a final decision on a contested matter. This third party is usually a judge.
If you’ve filed a civil case with your local courts, it’s normal to feel confused about the litigation process. Continue reading to learn what to expect of this process ahead of time.
Pre-Trial Process
Litigation begins well before the plaintiff and defendant appear in court. Litigation begins when one person (the “plaintiff”) files a complaint with the court. They must then serve their complaint to the other party (“defendant “) within sixty days.
If the plaintiff fails to serve these papers within sixty days, the process must begin over. A “complaint” as defined by the court is also often called a lawsuit.
Once the defendant has been served papers, they may respond to them. The defendant may file a cross-complaint against the plaintiff, deny the accusations, or file a motion to dismiss the allegations against them.
From this point forward, each state may handle the litigation process a little differently. There are a few general steps that apply to most (or all) states, however.
The discovery period will usually come next. During the discovery period, each party has an opportunity to find witnesses and documentation that support their statements. In most cases, the discovery period will last from the initial filing until the scheduled court appearance.
The involved parties can settle during the discovery process. If they don’t, the next step will be to appear in court. During litigation, it’s best to with with an experienced attorney like those at sweetlaw.com.
Process During and After Trial
The appearance made in court following the discovery process is called the trial. Each party will get a chance to present their evidence and testify on the matter before a judge. Based on everything provided, the judge will make the final ruling.
The final ruling is a legally binding agreement. If the defendant or plaintiff is unsatisfied with the verdict, they can file a motion for appeal.
A motion for appeal can usually be filed up to thirty days following the original court date. However, some states may allow for longer (or shorter) periods.
An appeal doesn’t mean your case will be heard in court again. Instead, it will be reviewed by the appellate court based only on the evidence and testimonies initially provided. This court can then agree with the original decision or overturn it.
More Questions About the Litigation Process?
The litigation process is used to settle disputes through the court system. This process begins when the plaintiff files a complaint with the court. Litigation ends either at the conclusion of the original court date or, in some cases, after the appellate court has reviewed an appeal.
Do you have more questions about the litigation process?
Check out our other posts. You’ll find information on litigation, general law, and other related topics to help you learn more on the subject.
