Stages of a lawsuit

You may wonder what the steps are for your lawsuit.  After the initial consultation, I will investigate your case to line up the facts, witnesses, and documents we need to move forward.  Next, I will file a lawsuit on your behalf and serve it on the defendant.  The defendant will have a month to answer the lawsuit, also called a complaint.  There may be some motions to delay the complaint, but setting that aside, the defendant will answer the complaint.  This means the case is "at issue," and can move forward.

The next step is written discovery.  Each side will send written questions, also called interrogatories, to each other to find out information about what the other side knows.  Each side will ask the other for documents and witness names regarding the complaint.  There may be some fights whether the defendant is really handing over the information it is supposed to.

After I am satisfied with the information I have received, I will take depositions of the defendant and other witnesses to get their statements about what happened.  A deposition is where someone has to testify under oath about what information they have about the complaint.  Likewise, the defendant will most likely take your deposition to find out your story.  Before that happens, I will meet with you to prepare you for the questions the opposing attorney will ask and be next to you the whole time.  While the process may appear intimidating, I can walk you through the procedure to make you feel more comfortable.

After depositions, the parties will likely decide to mediate the matter.  This is when a retired judge or seasoned attorney will act as a neutral third party and try to help both sides come to a resolution.  It is like a timeout from the case to try to resolve it informally.  A defendant will most likely make an offer to resolve the matter at this time.

If a defendant is unreasonable with its offer and we cannot resolve the matter at mediation, then the case moves forward toward trial.  A settlement can still happen before trial, and I will be there to consult you whether or not that makes sense. First and foremost, I am always prepared to try every case and will do so to protect your rights.

At trial, you will be able to tell your story to a jury.  I will present evidence, such as testimony from other witnesses and by presenting documents to show the wrongdoing of the defendant.

With court delays and other issues in the litigation, it should take nine months to a year for your matter to resolve.  Some take less time and other more. 

I can explain the litigation process in more detail in an initial consultation.