Key Takeaways

  • Litigation follows a series of structured stages: investigation, pleadings, discovery, pre-trial, trial, settlement, and appeal.
  • A skilled attorney is essential in navigating each stage and advising on legal strategy.
  • Discovery is typically the longest and most detailed part of litigation.
  • Cases can be resolved at multiple stages, including pre-trial or through settlement before reaching court.
  • Appeals allow for reconsideration of the case if legal errors may have affected the outcome.

Litigation stages are the specific pieces of the process in taking legal action. Certain stages may differ depending on the complexity of the legal issue and the point at which the issue is resolved.

What Are the Stages of Litigation?

In the beginning stages of litigation, both parties involved in the situation requiring legal action should hire an experienced attorney who will represent them well and work for their best interest. Ideally, you'll find an attorney with experience in the area of the issue you are facing. One of the best ways you can help ensure a good result is by securing a good lawyer.

Once you find a good attorney, you'll meet for the initial client interview. The lawyer will ask questions and try to fully understand the situation you are facing. After a thorough interview, the lawyer will advise you on how to proceed and lay out all of your options. If you are looking to pursue legal action against another and the lawyer believes that you have a substantial case, you can hire them and begin the litigation process.

The main stages of litigation are:

  • Investigation
  • Pleadings
  • Discovery
  • Pre-trial
  • Trial
  • Settlement
  • Appeal

Investigation

Any cases in civil litigation start with the investigation stage. A private investigator might become involved. Your lawyer will handle this part of the process. They'll decide what to look into and how to obtain necessary proof. The main goal of this part of the process is to find supporting evidence for your side of the argument. This might include things like forensic evidence, medical records, and informal witness interviews.

Pleadings

Both parties involved in a lawsuit must file pleadings. Pleadings are initial documents that explain the basic arguments of either side of the legal issue. This includes two parts, the complaint and the answer.

In the complaint, the plaintiff will file an official complaint with court which will be delivered to the defendant. This will describe the wrongdoings of the defendant and what, specifically, the plaintiff is holding them responsible for. When the complaint is delivered to the defendant, this is called serving legal process or "getting served."

Once the complaint is filed, the defendant has the opportunity to officially reply. They may ask for further clarification on the issue or for corrections to incorrect allegations or legal understandings. The defendant might even request that the court throw out the suit altogether, if they feel strongly that it is unwarranted.

Discovery

The discovery process is the point in the litigation process where each of the parties involved attempt to "discover" as much as they can about the case. This involved legal research, reviewing documents, interviewing witnesses, and more. Discovery is usually the longest part of the case and usually carries all the way up to the time of the trial. The main elements of discovery are:

  • Depositions
  • Obtaining witness (eye witnesses, experts, and character witnesses)
  • Motions

Pre Trial

The pre-trial stage consists of meetings and negotiations between the attorneys for either side of the case. Many times, settlements will actually be reached during this pre-trial period.

Trial

Once the trial begins, either side argues their case before the court. This might just include just a judge (a bench trial), or a jury may also be involved (a jury trial). Before the trial, both the plaintiff and defendant provide briefs to the judge. These documents lay out the arguments they will make and the evidence that will be used.

During the trial, the following steps will take place:

  • Voir dire (when choosing a jury)
  • Opening statements
  • Arguments including questioning witnesses and evidence introductions
  • Closing arguments
  • Verdict (either by judge or jury)

Settlement

The settlement is the final outcome of a case. In civil cases, this is usually a sum of money that is paid to the winning party by the losing party. Once a judge comes to a final judgment, the settlement is owed to the prevailing party. There can be some issues obtaining this settlement, however, during which the winning party can pursue collection or execution of what is owed to them.

Appeal

If either side of the case is displeased with the result of the trial, they have the right to appeal. Either party usually has 14 days after the decision date to file an appeal. The decision will go to a higher court and the arguments are present with a record of the evidence to the appellate court. In such case, the appellate court is usually just looking for any legal errors that may change the outcome.

Post-Trial Motions

After the verdict is delivered, the losing party may file post-trial motions before considering an appeal. Common post-trial motions include motions for a new trial, motions to alter or amend the judgment, or motions for judgment notwithstanding the verdict. These motions are typically used to address potential errors that occurred during the trial or to challenge the sufficiency of the evidence. If the court denies these motions, the losing party may then proceed with filing an appeal.

Enforcing the Judgment

Winning a case doesn't always guarantee immediate compensation or compliance. Enforcing a judgment may involve additional legal steps such as garnishing wages, placing liens on property, or seizing assets. Courts may also assist in locating assets or compelling the losing party to disclose financial information. This stage ensures that the prevailing party receives the remedy granted by the court.

Alternative Dispute Resolution (ADR) During Litigation

ADR methods such as mediation and arbitration can be used at various stages of litigation. Many courts encourage or require parties to attempt ADR before proceeding to trial. Mediation involves a neutral third party helping both sides reach a mutually acceptable agreement, while arbitration resembles a trial but is typically quicker and less formal. ADR can reduce litigation costs and lead to faster resolutions.

Litigation Costs and Considerations

Litigation can be expensive and time-consuming. Costs may include attorney’s fees, court filing fees, expert witness fees, and discovery-related expenses. In some cases, the prevailing party may recover costs from the losing party, depending on jurisdiction and contract terms. It’s important to weigh the potential outcomes and costs with your attorney before pursuing litigation.

Tips for Navigating Each Stage of Litigation

  • Stay organized: Keep thorough records of communications, documents, and court filings.
  • Maintain open communication with your attorney: Regular updates help ensure your strategy is aligned with evolving case developments.
  • Prepare for delays: Litigation can be unpredictable; patience is essential.
  • Be honest and transparent: Full disclosure with your attorney helps them build the strongest case possible.
  • Consider settlement opportunities: Settling can be more cost-effective and faster than proceeding to trial.

Frequently Asked Questions

1. What is the first step in litigation? The first step is the investigation phase, where your attorney gathers facts and evidence to determine the strength of your case.

2. How long does the litigation process typically take? It can range from several months to years depending on case complexity, jurisdiction, and whether it settles before trial.

3. What happens during the discovery phase? Parties exchange information through documents, interrogatories, and depositions to build their cases.

4. Can a case be resolved before going to trial? Yes, many cases are settled during the pre-trial stage through negotiation or alternative dispute resolution.

5. What does it mean to enforce a judgment? It involves legal steps to ensure the winning party receives compensation or action as awarded by the court.

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