Litigation refers to a case which is or may be proceeding through the traditional court process.
In every case, the anticipated goal is to have the case settle quickly, meaning that each party is able to reach mutually agreeable terms and conditions of an agreement that resolves the legal matter in its entirety without the need for protracted litigation.
In order to make you feel more at ease, here are some frequently asked questions about litigation.
Q. What exactly is litigation law?
A. Litigation law governs topics regarding filing a lawsuit, seeking damages and compensation, trials and other litigation related topics. It also covers the individuals who take part in a lawsuit – both the defendant and the plaintiff.
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 (interrogatories) and question witnesses under oath (depose). 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.
Q: Who are “plaintiffs” and “defendants”?
Plaintiff or Petitioner is the person or entity that starts the action. The Defendant or Respondent is the person or entity that defends or responds to the action. Different jurisdictions use the terms for different actions.
Q: What are pleadings?
A: Pleadings contain the parties’ allegations, defences and the facts on which those claims are based. Pleadings include the complaint, answer to the complaint, counterclaims/cross claims, answers to any counterclaims/cross claims, third-party complaints and answers to any third-party complaints.
Q. What can I do if I have been taken to court and I lost the case?
A. If the findings or decisions are not in favour of you, you do have the right to appeal the decision. In most cases, there is a certain period of time in which you can appeal, so you should speak to your attorney as soon as the decision has been made.
Q. How long does it usually take for a case to go to trial?
A. Every case is different and it depends upon the type of case you have and what other cases are pending. Some cases can go to court within a few months while others may take years.
Q. Should I hire an attorney for my case?
A. There is an old saying that the man who represents himself has a fool for an attorney. The truth is that attorneys are versed in particular areas of law and because it is their day to day job, they know the intricacies of these laws which normal people usually don’t. It is always a good idea to at least speak with a lawyer about your case.
Q. How do I know when to hire an attorney?
A. The best time to speak with an attorney is as soon as you feel that you may have a case against someone. Your attorney should be hired in plenty of time to understand the details of the case before court so that he or she can research and plan a defence or winning strategy.
Contact us today for litigation services from the investigation, pleadings, and discovery through the pre-trial, trial, settlement, and appeal processes.