Litigation Process

LITIGATION It is the process of bringing, maintaining and defending a lawsuit.

Litigation Process

What facts are in dispute

I. PRETRIAL Pleadings

What is the evidence to prove facts in dispute

What facts are proved by evidence

Review lower court’s actions

Implement court’s judgement

Discovery

II. TRIAL

Complaint Summons Answer Reply Cross-complaint Intervention Consolidation

Depositions Interrogatories Production of documents Physical & mental examinations

Jury Selection Opening statements Plaintiff’s case Defendant’s case Rebuttal and Rejoinder Closing arguments Jury Deliberation Verdict Motion challenging verdict

III. APPEAL IV. ENFORCEMENT

I. Pretrial litigation process 1. Pleadings: paperwork filed with a court to initiate and respond to a lawsuit • Complaint—document the plaintiff files with the court and serves on the defendant to initiate a lawsuit • Summons—court order directing the defendant to appear in court and answer the complaint • Answer—defendant's written response to the plaintiff's complaint • Cross—complaint—filed by defendant against the plaintiff to seek damages or some other remedy • Reply—filed by original plaintiff to answer the defendant's cross—complaint • Intervention—act of others to join as parties to an existing lawsuit • Consolidation—act of a court to combine two or more separate lawsuits into one lawsuit

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Statute of limitations: establishes period during which a plaintiff must bring a lawsuit against a defendant

2. Discovery—both parties engage in various activities to discover facts of the case from the other party and witnesses prior to trial • Depositions—oral testimony, transcribed and given under oath, by a party or witness prior to trial • Interrogatories—written questions submitted by one party to another party • Production of documents—request by one party by another party to produce all documents relevant to the case prior to trial • Physical or mental examination : ordered by court to determine the extent of injuries 3. Dismissals and pretrial judgment—many lawsuits are disposed of entirely or in part prior to trial • Motion for judgment on the pleadings: Can be made by either party once pleadings are complete. It alleges that if all facts presented in the pleadings are true, the party making the motion would win the lawsuit if the proper law is applied. The judge cannot consider any facts from outside. • Motion for summary judgment: Can be made by either party . Alleges that there are no factual disputes to be decided by the jury. Supported by evidence from outside the pleadings such as affidavits, witnesses documents. Settlement conference—Parties are asked to appear for a pretrial hearing or settlement conference to facilitate the settlement of the case. |It is usually held in the judge’s chambers. More than 90 percent of cases are settled before they go to trial

II. Trial •

Jury selection: Potential jurors are selected from voters lists and further selection of individuals is through a process of voire-dire. Lawyers of each party determine whether prospective jurors maybe biased towards their clients and biased jurors can be prevented from jury duty. Final number of jurors is usually between 6-12.

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Opening statement : Each party’s lawyer presents a summary of the case and describes why his client is right

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Plaintiff's case : The plaintiff bears the burden of proof therefore he calls in witnesses and presents evidence to prove his case. The plaintiff’s lawyer questions the witness and that is called direct examination. After this the defendant’s lawyer can ask questions which is called cross examination.

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Defendant's case: The defendant calls witnesses and introduces documents to rebut the plaintiff’s case

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Rebuttal and rejoinder: Both plaintiff and defendant can call additional witnesses and present new evidence.

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Closing arguments: Both lawyers will try to convince the jury to give a verdict in favour of their client by pointing out the strenghts of their own client and the weaknesses of the other party

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Jury instructions: The judge informs the jury about the relevant law that must be applied to decide the case

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Jury deliberations: The jury discusses the case to arrive at a verdict

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Verdict

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Entry of judgment: The judge may enter the jury’s verdict as the court’s judgement or grant a motion of judgement not withstanding verdict (j.n.o.v) if he finds the jury is biased

III. Appeals Either party can appeal the trial court's decision in a civil case once a final judgment is entered. In a criminal case, only the defendant can appeal. The appeal must be made in the appropriate appellate court.

IV Enforcement Implementing court’s judgement