January 8, 2025

Understanding the Litigation Process: A Step-by-Step Guide for Clients

Litigation can be intimidating, but understanding the process can make it less daunting. Whether you’re considering a lawsuit or have already found yourself involved in one, this step-by-step guide will help you know what to expect at every stage.

1. The Starting Point: Initial Consultation

It all begins with a meeting with your attorney. Here’s what happens:

  • Share Your Story: Explain the facts of your case in detail.
  • Get Expert Advice: The attorney evaluates your case and discusses whether litigation is the right move.
  • Prepare to Dive In: Key documents and evidence are reviewed to start building your case.

This is your chance to ask questions and ensure you’re comfortable working with your attorney.

2. Taking Action: Filing the Complaint

If your attorney gives the green light, the next step is filing the complaint. This is the official document that:

  • Lays Out Your Case: It details your claims and what you’re asking for.
  • Starts the Lawsuit: Filing it with the court kicks off the legal process.
  • Notifies the Other Side: The defendant is formally served and brought into the case.

3. The Defendant Responds

After being served, the defendant has a set period (usually 20-30 days) to respond. They might:

  • Fight Back: File an answer disputing your claims and presenting defenses.
  • Push for Dismissal: Argue the case shouldn’t move forward due to legal issues.

4. Digging Deep: The Discovery Phase

Discovery is where the real groundwork happens. Both sides exchange information and evidence, including:

  • Interrogatories: Written questions that must be answered under oath.
  • Document Swaps: Sharing relevant records and files.
  • Depositions: Sworn testimonies from witnesses and involved parties.

While it can be time-consuming, this phase is critical for building a strong case.

5. Making Moves: Pre-Trial Motions and Hearings

Before trial, there’s an opportunity to resolve issues or set the stage. This includes:

  • Simplifying Things: Motions to resolve parts of the case (e.g., summary judgment).
  • Setting Boundaries: Addressing procedural or evidentiary matters.
  • Getting Organized: Pre-trial hearings ensure the case is moving smoothly.

6. Exploring Options: Settlement Negotiations

Did you know most cases never make it to trial? Settlement talks often heat up after discovery. Why settle?

  • Save Money: Trials are expensive.
  • Avoid Surprises: Trials can be unpredictable.
  • Get Closure Faster: Settlements wrap things up more quickly.

If both sides agree, the case ends with the terms clearly documented.

7. Showtime: The Trial

When settlement isn’t an option, it’s time for trial. Here’s what to expect:

  • Opening Statements: Both sides outline their cases.
  • Evidence & Testimonies: Presenting the facts and examining witnesses.
  • Cross-Examinations: Challenging the other side’s story.
  • Closing Arguments: Summarizing your position.

Once the judge or jury deliberates, a verdict is delivered. If you win, the court may award damages or other relief.

8. What’s Next? Post-Trial Motions and Appeals

The story doesn’t always end with a verdict. After trial, there are options to:

  • Request a Do-Over: Filing for a new trial if errors occurred.
  • Appeal the Decision: Asking a higher court to review legal mistakes.

Appeals focus on how the law was applied, not rehashing the facts.

9. Closing the Chapter: Enforcing the Judgment

Winning the case doesn’t always mean immediate results. If the defendant doesn’t comply, you might need to:

  • Garnish Wages: Deducting payments directly from their paycheck.
  • Place Liens: Claiming rights to their property.
  • Seize Assets: Taking possession of valuable items.

Your attorney will help you enforce the judgment if needed.

Final Thoughts

Litigation is a journey, but you don’t have to face it alone. With the right attorney and a clear understanding of the process, you can confidently tackle each step. Stay informed, ask questions, and trust your legal team to guide you toward the best possible outcome.

Ready to take the next step? Schedule a consultation today and let us help you navigate the road ahead.