Sometimes disputes cannot be resolved without going to court. In those instances, your lawyer must have extensive experience in a courtroom, and be an expert in trial strategy. Our firm has successfully litigated numerous high-stakes cases throughout the United States, at all levels. Our attorneys are admitted in multiple state and federal courts, and routinely appear in other jurisdictions on a “pro hac vice” status. We have handled hundreds of lawsuits through conclusion, and always focus on achieving the best results for our clients. Our litigation experience over the last 30 years includes trials, appeals, extraordinary writs, injunctions, damages claims, and class actions. We frequently assist clients with alternative dispute resolution such as arbitration and mediation. Our attorneys have been involved in numerous precedent-setting cases in various industries, where clients have depended on our courtroom expertise and strategic guidance.
The meaning of litigation in law refers to the actions between two opposing parties working in the interest of enforcing or defending a legal right. In most cases, the parties settle litigation by working out an agreement, but they may also go to court and have the jury or judge determine the final resolution.
A lawsuit is not the same thing as litigation. Litigation does not just include action taken during a lawsuit, but also the activities before and after a lawsuit that work to enforce a legal right. In other words, litigation involves bringing forth and pursuing a lawsuit, not just the lawsuit itself. Both plaintiffs (the parties initiating the lawsuit) and defendants may be referred to as litigants.
Pre-Lawsuit Litigation
Before filing a lawsuit, certain types of pre-lawsuit litigation are usually initiated by the plaintiff. Typically, this involves making demands that the party that caused the alleged injury (the defendant) take action to resolve the issue. If the defendant does not resolve the issue and the plaintiff has decided to defend their legal rights, litigation has begun. Typically, this involves the plaintiff hiring an attorney to represent them.
Attorneys usually participate in any number of pre-lawsuit litigation activities. These can include a variety of different things, from making formal written demands to the defendant, demanding compensation from the defendant, or filing an eviction notice with a local court.
Discovery
The discovery period involves a formal examination of all facts pertaining to the lawsuit, which mostly entails the exchange of information and objective evidence between the two parties. Attorneys may exchange formal requests, including interrogatories (written questions), demands relating to evidence and documents, and requests for admission (requests that the other party admit to specific facts). This period may also involve depositions, which occur when attorneys request information from the parties and occasionally from third party witnesses.
Trial
Although 90 percent of litigation cases aren’t taken to trial, it still occurs often. In a trial, each party presents its case before the jury. The plaintiff presents their case first, and then the defendant is allowed to defend their case against the allegations. After each party makes a claim, the other party has the option to respond to or defend the previous claim. Once both parties feel they’ve adequately demonstrated their cases, they rest their cases.
source: www.upcounsel.com