Even if you are planning to sue another party, you may still know little about litigation law. Here is a bit of information about litigation and what you can expect when filing a lawsuit.
What Does Litigation Law Include?
Litigation law includes the legal aspects involved in the resolution of a dispute. A litigation case can include a wide variety of dispute sources, such as a property eviction or a divorce.
Basically, if you have a legal issue that may be resolved by suing another party, it is considered litigation.
Do All Litigation Cases Go to Court?
Many litigated cases are resolved before they ever reach court. If the disputing parties are able to reach an agreement before the case enters the courtroom, the actual court case can be avoided.
Sometimes, a legal matter is resolved after the issuance of a demand letter. This letter, which is issued by an attorney, is a communication to a disputing party that describes what is required to settle the dispute and avoid any additional legal actions. The letter may require the other party to stop a certain activity or pay a specific amount of money.
If the party that received the demand letter complies with the letter's demands, the dispute is settled. However, in some instances, the receiving party rebuts the demands, offering to do less than requested. The opposing parties may reach an agreement after negotiating, but if an agreement is not reached, they may choose to settle the issue in court.
What Happens After a Lawsuit is Filed?
Once a lawsuit is filed, the litigants exchange information and documents through a process called "discovery." The preparation and release of discovery documents can be time-consuming and expensive. Also, the interviewing of witnesses to provide information may be required.
What is a Motion for Summary Judgment?
After the discovery process, the defendant in the suit may choose to submit a motion for summary judgment. Through this motion, the defendant tries to convince a judge that they are not legally responsible for the demands of the plaintiff. The case is dismissed if the judge feels that the defendant's stance is correct.
How Long Does a Litigation Case Take?
A litigation case may require years to be settled. It may go through lengthy pre-trial stages before it is ever heard in court. Additionally, evidence must be submitted, and witnesses are asked to testify. Still, once a decision is reached, the losing party may choose to appeal.
If you are in a legal dispute, contact a litigation attorney in your local area.
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