What is litigation? A legal proceeding conducted by one party or several parties against the other in the legal court of law. The word “plaintiff” refers to a plaintiff. Other names for the plaintiff are “defendant” and “solicitor.” The archaic phrase “plaintiff suit” is still found in very few laws today.
The plaintiff’s attorney represents the plaintiff in litigation and works diligently on behalf of the client to resolve any claim brought against the client. In order to understand what is litigation, you must first know what is a trial. In a trial, one party brings a lawsuit against another.
The second stage of the litigation process is called the discovery phase. During this stage, the parties and their attorneys to obtain physical evidence that may be used in a lawsuit. Discovery is also the time where discovery may become a difficult, expensive, and time consuming event. Discovery is the next stage of the litigation process.
After discovery stage, the next stage of the litigation process is called the trial. In a trial, the plaintiff and/or defendant present their case before a judge or jury. During the trial the plaintiff’s attorney presents their case to the judge and the jury.
The next stage of the litigation process is called the pendency period. In most states there is a three-year period in which a lawsuit can be filed. This period is referred to as the pendency period. Once, the three years period has expired the plaintiff must move forward with the next stage of the lawsuit. This next stage is known as the dispositive motion.
In the dispositive motion stage of the litigation process one party seeks to set a date for the end of the litigation. In cases where it is a non-estate litigation, this date is often times referred to as a post-settlement contingency date. In other cases the date of this motion is referred to as a motion hearing. It is at this point in the litigation process that one party seeks to set a date for a trial.
At this point the parties must enter into what is called an agreement of dismissal. Agreements of dismissal are written documents that outline all the details of the settlement between both parties. Often times these agreements of dismissal will include a date for a pretrial hearing. One important thing to remember about a dismissal is that once the agreement of dismissal is signed, it remains binding. It is not a simple agreement that is signed and then forgotten about.
In some instances, a settlement agreement may include a jury trial. Juries in civil cases are very common and can take months to determine the victor. If a lawsuit ends in a jury trial, there is an opportunity for either or both sides to make more money. One very important consideration is that sometimes a jury trial is a deciding factor in determining insurance premiums for a plaintiff. Often times plaintiffs (and their attorneys) will try to have juries send them off to trial in order to increase their chances of winning their case.
Another aspect of what is litigation involves what is called a dispositive motion. A dispositive motion is one that is used to get a court to decide what is being asked. For example, if there is proof that a defendant poured chemicals onto a neighbor’s lawn, the plaintiff would be able to use a dispositive motion to get the court to decide what is being done. This motion is often times one of the first things that both sides will do during the litigation process and if it is successful it can help a plaintiff receive their damages.
The final part of what is litigation is what is known as discovery. Discovery is what is used to get information from one party to another. Information can be received during what is litigation, during a deposition, during a mediation, or even before a case goes to trial. During what is litigation many times a plaintiff’s attorney will ask for documents, especially written discovery. Many times a plaintiff’s attorney will simply ask for documents that are on the computer, although they could also search for any electronic records that are available.
Finally, what is litigation is a brief description of the entire litigation process. This process starts when the parties meet with their attorney, which leads into what is discovery, which leads into what is litigation and so on. In short, everything that is involved in the legal process is what is litigation. However, there are often times differences between what is litigation and what is the process used in a certain court.
If you are considering what is litigation, it can be helpful to understand what is involved during this process. Being informed can help you understand what is going on and how it can help you. What is litigation can be an extremely difficult subject to understand at first, but with a little research you can find many resources to help you understand what it is. There are many books available to help you learn what is litigation, as well as many online resources to learn what is litigation.