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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.

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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.

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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.

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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.

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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.

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