Litigation is the process of resolving a legal dispute in a court of law. Here are the basic steps involved in the litigation process:
Filing a complaint or claim: The first step in litigation is for the plaintiff (the person bringing the case) to file a complaint or claim with the court. The complaint lays out the plaintiff’s legal claims and the relief they are seeking.
Service of process: Once the complaint has been filed, the plaintiff must serve a copy of the complaint on the defendant (the person being sued) in accordance with the rules of civil procedure in the jurisdiction where the case is filed.
Answer: After being served with the complaint, the defendant has a certain amount of time to file an answer, which responds to the allegations in the complaint and lays out any defenses the defendant may have.
Discovery: Once the complaint and answer have been filed, both parties engage in a process called discovery. This is the stage where both sides exchange information and evidence relevant to the case, such as witness statements, documents, and other physical evidence. Discovery can be done through various methods, including depositions, interrogatories, and requests for documents.
Pre-trial motions: Before the trial begins, either party can file pre-trial motions to resolve certain legal issues or to try to exclude certain evidence from being presented at trial.
Trial: If the case is not settled before trial, it will proceed to trial. At trial, both parties present their evidence and arguments to a judge or a jury, who will decide the case.
Judgment: After the trial is complete, the judge or jury will render a verdict. If the plaintiff prevails, they will be awarded damages or other relief. If the defendant prevails, the case will be dismissed.
Appeals: If either party is unhappy with the verdict, they can appeal the decision to a higher court. The appellate court will review the record of the trial and determine whether any legal errors were made that would warrant a new trial or a different outcome.
Overall, the litigation process can be lengthy and complicated, and it’s important to have experienced legal counsel to guide you through the process. Reach out to the experienced attorneys at A Business Law Firm, LLC. by calling our Spartanburg office at (864) 699-9801 who can help you determine the appropriate course of action tailored to your specific needs.