Civil Litigation 101:  A Basic Overview of the Litigation Process

Clients who engage DLM Law to represent their interests in a lawsuit are often unfamiliar with the litigation process.  Below we have briefly outlined the basic phases of a lawsuit to give our clients a general idea of what they can expect as the case proceeds through each phase.

1. Consultation and Investigation Phase

After a person has been damaged, they should consult with an attorney to discuss the facts of their case.  The attorney will request that the person gather evidence, such as pertinent email communication and relevant documents, in order to evaluate the merits of the case.

If after an investigation the attorney believes they are able to handle the case, they will discuss the terms of the engagement and enter into an engagement agreement with the client.

2. Pleading Phase

In order to start a lawsuit, the plaintiff files a petition with the court.  In the petition, the plaintiff outlines the facts of the case, legal claims at issues in the case, and desired remedies.

After being filed, the petition is then served on the defendant(s).  Following service, the defendant must file an answer to the petition.  In the answer, the defendant admits or denies each allegation in the petition.

3. Discovery Phase

After the pleading phase is completed, the parties engage in discovery.  During this phase, the parties gather evidence to support their case and challenge the opposing party’s case.  To do this, the parties request documents from one another via requests for production of documents, request information from one another via interrogatories, request documents from third-parties via subpoenas, and depose persons who have knowledge regarding the issues in the case.

4. Pre-Trial Phase

Either party may file pre-trial motions to resolve specific factual or legal issues in the case prior to trial.

If the case is not decided on pre-trial motions, the court will hold a pre-trial conference with the attorneys to discuss trial preparations.  Prior to the pre-trial conference, the parties will have to file their exhibit list, which lists all the documents the party intends to enter into evidence at trial, and witness list, which lists all the witnesses the party intends to call at trial.

5. Trial

The parties present their evidence at trial by calling witnesses and entering exhibits.  After each party has presented its evidence, the attorneys make arguments to the judge or jury to support their client’s case and highlight weaknesses in the other side’s arguments.  Following closing arguments, the judge or jury decides the issues in the case.

6. Post-Trial Phase and Appeal

After the trial, any party can file a motion to challenge the trial’s outcome.  The court will rule on any post-trial motions that were filed and then enter a final judgment.

If a party is dissatisfied with the final judgment, it may appeal the judgment to an appellate court which will review the issues raised by the party.