LITIGATION

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

Litigation Process

I. PRETRIAL
Complaint
What facts are in dispute Pleadings Summons
Answer
Reply
Cross-complaint
Intervention
Consolidation
What is the evidence to Discovery
Depositions
prove facts in dispute Interrogatories
Production of documents
Physical & mental examinations
Jury Selection
What facts are proved by II. TRIAL Opening statements
evidence Plaintiff’s case
Defendant’s case
Rebuttal and Rejoinder
Closing arguments
Jury Deliberation
Verdict
Motion challenging verdict

Review lower court’s actions III. APPEAL

IV.
Implement court’s judgement 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
 • 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.

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

• 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.

• Defendant's case: The defendant calls witnesses and introduces documents to

rebut the plaintiff’s case
 • Rebuttal and rejoinder: Both plaintiff and defendant can call additional witnesses
and present new evidence.

• 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

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

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

• Verdict

• 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