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Litigation

Litigation Law

Litigation Law refers to the legal rules and practices that are usually used in resolving the disputes in the court system.

Although litigation can come about in the different kinds of cases in existence which include contested divorces and proceedings of eviction, it is usually associated with tort cases.

Majority of the people also like to think that litigation is synonymous with trial work. However, the process of litigation begins a long while before the first witness is procured to testify in court and most of the cases of litigation do not reach the inside of a courtroom.

Outline of the Litigation Process

In a legal dispute, it is expected that the parties discuss the issue with themselves directly. However, when it becomes evident that they cannot achieve a compromise, one or both employ the services of an attorney.

Demand Letter and Initial Negotiations

A demand letter is a letter that the attorney of a party forwards to the other party after he has investigated the case. The letter states the demands of the party in order to avoid legal issue. The other party can, upon receipt of the demand letter, decide to either issue a new demand or not reply at all. However, several people tend to veer towards resolving the matter informally, without a lawsuit.

Filing a Lawsuit and Conducting Discovery

Provided that the dispute was not settled informally, a formal lawsuit would then be filed.

Discovery is conducted after the lawsuit has been filed and it refers to the exchange of information and documents between the parties.

Discovery is mandatory. It also involves the formal interview of witnesses.

Motions, Trials, and Appeals

The parties are then obligated to review the result of the information obtained during discovery and at this point, the defendant will file a motion for summary judgment.

Provided that the motion filed finds the defendant innocent then the case is over, however, if not, the case proceeds to trial.

After which, if the result is not satisfactory to either party, the case can be appealed.