The Steps Involved In Building Your Case

Knowledge is power. If you’re involved in a conflict with a customer or a competitor that might lead to litigation, the more you know, the better prepared you’ll be to make smart decisions.

Here is what you can expect during the stages of a lawsuit:

INITIAL DEMAND. Typically, the person planning to sue sends an informal demand letter. You respond after consulting with your attorney, who can help determine whether the demands are realistic. Your lawyer can also help you avoid making any statements that can hurt the case. This can involve an exchange of letters or informal discussions.

LAWYER LETTER. If negotiations don’t work, the complaining party might up the ante by having an attorney send a lawyer letter. In some states, this letter meets the requirement for a formal demand before a suit can be filed.
DISCUSSION. There often is an informal settlement discussion involving both parties and their lawyers. It can sometimes be more cost effective to resolve the issues rather than to go to trial.

COMPLAINT. If the settlement discussions don’t work, you may be served with a complaint. This is the start of formal litigation.

ANSWER. You must provide a formal answer to the complaint within a specific time or you will be found in default and lose the case. The alternative is a Demurrer, which basically says that even if all of the allegations are true, the plaintiff isn’t entitled to a remedy through a court proceeding.

DISCOVERY. During the next stage of pretrial discovery, lawyers gather evidence by taking testimony from witnesses and examining documents or physical evidence. This process can include informal and formal interrogatories, depositions, disclosure of experts and requests for admissions.

MOTIONS. As the process proceeds, either party may make motions to narrow the issues or force the other side to take action. If both sides agree to all the facts and only the application of the law is at issue, you can file a motion asking the court for a decision without a trial.

PRETRIAL PROCEEDINGS. Depending on the jurisdiction and the type of complaint, pretrial proceedings may include case management conferences, settlement conferences, referral to mediation or arbitration, preliminary motions to allow or exclude evidence, briefs and jury instructions. Before a trial, the court typically orders a pretrial conference to narrow issues further and perhaps come up with a settlement.

TRIAL. This part can be held before a jury or only a judge. If there is a jury, it will decide the facts and the judge will determine the law. Don’t expect a trial to be filled with the drama seen on television. Many trials are dull and the only parties present are the litigants, their attorneys, witnesses, the judge and possibly a jury. If required, the trial will involve jury selection, opening statements, presentation of evidence, examination and cross-examination of witnesses, closing statements, and jury instructions by the judge.

JUDGMENT. After the trial, the court will enter a judgment, such as “the plaintiff is entitled to recover $26,400.

POST-TRIAL MOTIONS AND APPEALS. If you lose a lawsuit, your attorney can file a post-trial motion in which you try to convince the judge that another outcome is appropriate, perhaps more money, or a less onerous form of relief. If that doesn’t work, you may be able to appeal the judgment to a higher court.

Be prepared if you think you are going to be sued or if you plan on filing a lawsuit. With knowledge, you and your attorney can be better armed to win.