The different litigation stages include the specific steps involved in the process of taking legal action. The extent and type of stages used may differ depending on the complexity of the legal issue and the point at which the issue is resolved.
If you are embarking upon litigation, it is recommended that you hire an experienced attorney to represent you through the complicated process. Ideally, this would be an attorney who has experience in the issue you are disputing. For example, although both litigation issues, trust litigation involves very different information and approaches than a divorce case, no matter the level of complication in either situation. Our professional attorneys have the appropriate expertise to successfully navigate trust, probate, and business litigation issues. We can make all the difference.
Once you select an attorney, we will review your case and advise you on your options and the best way to proceed.
From here, the stages of litigation include:
The purpose of this part of the process is to find supporting evidence for your side of the argument; including, but not limited to: forensic evidence, medical records, and informal witness interviews.
Both parties involved will file pleadings. Pleadings are initial documents that explain the basic arguments of either side of the legal issue.
During discovery, each of the parties involved attempt to “discover” as much as they can about the case; including legal research, reviewing documents, interviewing witnesses, and more. Discovery is usually the longest part of the case and typically continues all the way up to the time of the 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.
Once the trial begins, each side argues their case before the court. This might be a bench trial, including only a judge, or a jury trial, with a full jury.
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.
If either side of the case is displeased with the result of the trial, then they may have the right to appeal. The decision will go to a higher court and the arguments are present with a record of the evidence to the appellate court. During appeals, the appellate court is usually just looking for any legal errors that may change the outcome.
If you are considering solving a dispute through litigation, then we can help you through each of the litigation stages with professional communication, experience, and skill.