Steps In Litigation
Litigation is defined as the act of suing someone or a business because of the perceived wrong. |
If it is a civil law suit, it can be settled out of court by agreeing on a certain amount of money as compensation. However, both the parties have to mutually agree on the compensation.The first step in litigation is the pretrial process. In pretrial, the plaintiff typically approaches the attorneys or the litigators with their case. The attorney then gets into a process called discovery where they research about the case and collect old and new evidences. This process takes a long period of time, and only when the attorneys are confident about the evidences, will they present it in the court. During this period the attorneys might try to negotiate a deal with the other party for an out of court settlement. The defendant is also given ample time to think about the settlement offered.
If no compromise is reached during the pretrial period, then the case comes to representation. This is when the attorney formally files a complaint in the court. The lawyer also spends time reviewing the credibility of the case during which time the discovery between the attorneys of both the parties take place. Witnesses are also summoned during this process.
A trial is then held in front of the judge. In case it is a jury trial, both sides request to interview the jurors. The attorneys speak with the jury to close the case and a settlement is reached based on the jury’s decision.
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