Transcript

How Does A Lawsuit Work?

How Does a Lawsuit Work? BASIC STEPS IN THE CIVIL LITIGATION PROCESS Civil lawsuits arise out of disputes between people, businesses, or other entities. The 4 basic steps are as follows: 1. Pleadings 2. Discovery 3. Trial 4. Appeal 3 ALTERNATIVES TO LITIGATION SETTLEMENT Settlement, usually a cost-effective alternative to trial, can be discussed by any party at any time during litigation. MEDIATION The parties could negotiate a settlement without outside help, but it is common to involve a "mediator," which is a neutral third party. Neither party has to agree on a settlement, ARBITRATION Arbitration is an adversarial proceeding where each party selects an "arbitrator," a neutral third party, to resolve their dispute. Parties who agree to settle their dispute using binding arbitration typically cannot appeal the arbitrator's ruling. PLEADINGS Each party in a lawsuit files initial papers, known as "pleadings," which explain each party's side of the dispute. Litigation begins when the plaintiff files a complaint with the court and a copy is formally delivered to the defendant. The defendant is given a specific timeframe to file a response to the complaint. DISCOVERY Discovery, typically the longest part of the case, is the method by which parties gather information about the case from each other or from third parties. A claim or defense often requires support from expert witnesses to validate an argument or explain technical information or. Before trial, the parties may use motions to ask the court to rule or act. TRIAL At trial, the parties present evidence in support of their claims or defenses to a jury and/or judge. Each party provides to the judge a document right before trial, called a "brief," that outlines the arguments and evidence to be used. A party has the right to challenge a jury's verdict. The party who succeeds at trial will usually file a motion requesting the court to order the losing party to pay the prevailing party's costs to prosecute or defend the case. APPEAL If a party is dissatisfied with the result of the trial, it may appeal, which is when a party asks a higher court to evaluate the trial court proceeding. The parties present their arguments in briefs, which are then submitted to the appellate court with the record of evidence from the trial court. CATANESE & WELLS 818-707-0407

How Does A Lawsuit Work?

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How does a lawsuit work? View the infographic below to learn about the basic steps in the civil litigation process.

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