General Litigation

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The term General Litigation refers to the rules and practices involved in resolving disputes in the court system. The term is often associated with tort cases (a wrongful act or an infringement of a right, other than under contract, leading to civil legal liability), but litigation can come about in all kinds of cases. General Litigation can include contested divorces to eviction proceedings and all other aspects of law which may or may not be involving a lawsuit in nature such as wills, estate planning, incorporating businesses, contract drafting, real estate transactions, disputes with administrative bodies, etc.  Normally, litigation will transpire when things go wrong or parties disagree and the controversy ends up in a court setting to decide responsibility and action.

How Does The Litigation Process Work?

  1. A Plaintiff sues or files a complaint with the clerk of the court.
  2. Personal jurisdiction is obtained over the Defendant by means of service process.
  3. The defendant and plaintiff meet to discuss the possibility of settlement, identify issues, and prepare the plan for investigative discovery and disclosure.
  4. The court conducts pre-trial conferences with both parties.
  5. The Defendant files motions by countersuit or forcefully brings in other parties.
  6. The Defendant answers questioning.
  7. Both parties (plaintiff and defendant) begin an investigation and discovery process.
  8. Mediation or alternative dispute resolutions are attempted.
  9. The Court conducts the trial.
  10. The Court reaches a verdict, signs, and files judgement.
  11. Appeals are made by either party if they are unhappy with the verdict.
  12. The appeals are considered based on briefs or oral arguments.
  13. Supplementary proceedings may occur.
  14. Judgement is enforced.

Ultimately, lawsuits are initiated by filing what is called a Complaint. There are many other procedural requirements you need to follow to obtain jurisdiction over the other party and you will need to have a reason to sue by proving your case to a judge or jury. Depending on where you sue and the amount in controversy you may or may not be able to get a discovery process where evidence is collected by interviews and documents of other people, including the other party. There are oftentimes good faith defenses to bring such as the statute of limitations. If the case does not settle, then you may have the opportunity to issue discovery to get more information. You should not hesitate to contact a strong legal representative for help if you a considering the process of litigation.

Common Types Of Litigation

If the term “litigation” refers to the legal process of seeking a resolution of a dispute through civil lawsuit, then there must be many types of disputes and lawsuits that can occur based on specific subjects. Some of the most common types of litigation can include:

  • Civil Litigation – a legal dispute between parties over money damages or the performance of an action. (This does not normally seek criminal sanctions).
  • Business Litigation – a legal dispute over business transactions and profit. (This can sometimes be referred to as “Commercial Litigation.”)
  • Securities Litigation – a legal dispute from securities fraud. (This can sometimes be referred to as “Business Litigation.”)
  • Patent Litigation – a legal dispute over the rights of a product or patent infringement, trademark, or copyright disputes.
  • Contract Litigation – a legal dispute over the enforcement, violation, and exaggerated claims involving a contract between parties.
  • Employment Litigation – a legal dispute involving the rules and operation for the workplace, compensation, discrimination, FMLA, and claims by individuals or governmental groups.
  • Construction Litigation – a legal dispute regarding construction defects, delays, or design defects.
  • Insurance Litigation – a legal dispute regarding liability in any context.
  • Real Estate Litigation – a legal dispute involving real property.
  • Complex Business Litigation – a legal dispute over the rights, claims, property, assets, and tax-related issues.

Arbitration As An Alternative

Arbitration is a form of mediation between two parties. Upon special occasions, sometimes both parties involved in a potential lawsuit are willing to consider an alternative to a court. Arbitration is the process of a forum outside of the court with a third party that conducts the hearing process similarly to a court trial. The Arbitrator considers all of the testimony and evidence presented and makes a decision, which is often final and binding. The advantages of an Arbitration are that it can often save both parties a great deal of money and time as opposed to the normal process of going to trial which can take a long period of time and large amounts of money.

Contact Nolan, Thompson, Leighton & Tataryn, PLC

The litigation process is often complex and requires a great deal of attention to detail. For this reason, we urge anyone who is considering a lawsuit to contact us immediately before filing their complaint as a Plaintiff. It is also especially important if you are the Defendant to have proper documentation and to know how you should proceed forward by defense and appeal.

To get started on your case right now, simply complete our free confidential consultation form or give us a call at 952-405-7171. Let us start working on your litigation case immediately.