The Litigation Process

When an individual or entity brings a case to court to settle a dispute, this is called litigation. Each litigation dispute is unique, and the litigation process in federal court may be different from the litigation process in state or local courts. In today's post, we will explore the litigation process in federal court.

Pre-lawsuit Negotiations

• Before a lawsuit is filed (or at anytime during the lawsuit), the parties may engage in negotiations to reach a settlement agreement.

Pleadings Stage

• If the parties cannot reach a settlement, then the lawsuit begins when a complaint is filed with the court. After receiving the complaint, the defendant may file an answer responding to the complaint's statements or files a motion to dismiss the complaint. If the case continues, the court usually requires the parties to attend a conference to set deadlines.

Discovery

• Next, each party engages in the discovery process to receive information from each other, such as providing documents, answering written questions under oath, or admitting or denying statements of fact. In addition, witnesses may be asked to answer questions under oath or produce documents.

Trial

• Unless either side files a motion for summary judgment and one side wins, a trial is scheduled.

Appeals

• After trial and the trial court enters a final judgment, the losing party may file an appeal with an appellate court for review of the trial court's decision.

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*This blog post should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only.