Litigation, General

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Frequently Asked Questions about Litigation

Q: What are pleadings?

A: Pleadings include the complaint, answer to the complaint, answer to any counterclaims or cross claims, third-party complaint and answer to third-party complaint. Essentially, pleadings contain the parties' allegations, defenses and the facts on which those claims are based. Additionally, pleadings can help narrow and define the issues to be litigated. Thus, it is important to draft pleadings carefully. In some cases, pleadings may need to be revised or amended to include (or exclude) specific claims, prayers for relief and parties.

Q: What is discovery?

A: Discovery is the process through which the parties exchange factual information and evidence related to the case. The parties can request documents, request that the other side answer written questions called interrogatories and depose witnesses. This process allows parties to obtain full disclosure of information and facts, secure evidence for use at trial and clarify the issues to be litigated.

Litigation - An Overview

While much of the publicity on legal matters focuses on the verdict or end result of a lawsuit, many people are oblivious to the litigation process itself. As the centerpiece of our justice system, litigation is the broad and encompassing term that describes the process of preparing and presenting a case at trial. While most often, litigation is used in reference to a trial, this process also includes garnering information in preparation for a case, negotiation and settlement. Through litigation, individuals and businesses can resolve a variety of disputes involving issues such as insurance coverage, trademark infringement, personal injury and contract disputes. If you are involved in a legal dispute and think you may need to file a lawsuit, or if you have been sued, an experienced litigation attorney can guide you through the process.

Pretrial Issues: Pleadings and Discovery

While the trial is what most people think of when they hear the terms lawsuit or litigation, most of the work is done during the pretrial phase, which includes preparing and filing pleadings and motions and exchanging discovery. Pleadings are documents that outline the parties' claims and defenses. In a motion, a party requests that the court take a specific action. Motions can cover a wide variety of issues from asking the court to compel a witness's testimony to requesting that the court enter a protective order so that sensitive information is kept confidential. If you are involved in a legal dispute and think you may want to file a lawsuit, talk to a trial lawyer about your options.

Summary Judgment

A summary judgment motion is a pretrial motion in which a party seeks a decision on one or more issues in the case, thus making a trial on that issue unnecessary. Under Rule 56 of the Federal Rules of Civil Procedure, the judge will grant summary judgment if there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. The basic idea behind summary judgment is that issues based on undisputed facts do not require a trial. If the facts are undisputed, there are no issues for the jury to decide, and the court can issue judgment based on the facts set forth in the pleadings. A summary judgment motion can narrow the issues left for trial, or maybe even dispose of all of the plaintiff's claims, saving the parties the time and expense involved with full-blown litigation. If you have questions about summary judgment, talk to an experienced litigation attorney.

Trial and Appeal

For most people, trial is the most familiar stage of litigation. Yet, a relatively small percentage of cases actually reach the trial stage. A trial is the formal process of bringing a legal action before a judge or jury to obtain a judgment or verdict on the issues. This article provides an overview of the stages of a trial. If you are considering filing a lawsuit or if you have been sued and have questions about the trial process, talk to a litigation attorney.

Alternative Dispute Resolution

Alternative dispute resolution (ADR) is a term that refers to settling legal disputes without going to trial. There are a number of different forms of alternative dispute resolution including arbitration (binding and non-binding), mediation, summary jury trials, mini trials and moderated settlement conferences. Generally, it is thought that ADR is less expensive and less time consuming than traditional litigation. Many states have voluntary, and some have mandatory, ADR programs in place. If you would like to learn more about alternative dispute resolution, contact a litigation attorney who can answer your questions and help you decide if ADR is a good option for you.

Litigation Resource Links

US Courts
This site provides information about the different federal courts and how the federal judiciary functions.

The Administrative Office of the US Courts - PACER Service Center
Public Access to Court Electronic Records (PACER) is an electronic source for case and docket information regarding cases being heard in federal courts, including federal courts of appeal, federal district courts and federal bankruptcy courts. This is a pay-per-use service.

American Association for Justice
The AAJ promotes justice and fairness for injured people, protects victims' rights and works to educate and disclose information to the public. This site provides articles, news and information about current trends in litigation.

National Center for State Courts
The National Center for State Courts provides information about judicial administration, develops methods to improve the administration of justice and helps state courts improve service and performance.

United States Department of Justice
The mission of the DOJ is to enforce the laws of the United States; to ensure public safety; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.