Civil Litigation
Erica and Chris regularly handle litigation cases, involving issues ranging from contract disputes to real estate claims. Litigation can be a lengthy and trying process. A typical civil case can take more than a year to litigate, and usually includes extensive discovery and client involvement. Many cases are resolved by compulsory arbitration, but some cases are decided by motions.
Litigation cases generally go through four stages: pleadings, discovery, motions, and resolution (either by arbitration or by trial).
Pleadings
Pleadings are the documents that get a lawsuit started, and frame the issues to be decided. The complaint is the pleading that starts a lawsuit, and explains the claims that the plaintiff is making against one or more defendants. The answer is the response of the defendant(s) to the claims in the complaint. In some cases, a defendant may file a counterclaim or cross-claim against another party, who then must file a reply. Sometimes, pleadings have different names, but their basic functions are the same.
Discovery
Discovery is the process of gathering evidence and information about a case. Discovery includes written questions to other parties, requests for documents or other items, and depositions. People who are not parties to a lawsuit are sometimes required to produce information or attend a deposition. The purpose of discovery is to make sure that all parties have all available information about the case.
Motions
Motions serve to reduce, eliminate, or clarify claims in a case. Sometimes, the entire case is resolved by a motion to dismiss or a motion for summary judgment. Most often, these motions are used to dispose of only some of the claims in a case. Once the motions are handled, the remaining claims proceed to resolution.
Arbitration
Arbitration often occurs before motions are filed, but can occur even after a judge has ruled on motions. In some cases, arbitration occurs as a result of an arbitration agreement among the parties. Arbitration may also be required by the court, in which case one or more arbitrators will be appointed by the court to decide the case.
Trial
Trials can include a jury or not. In a jury trial, the parties select a group of six to twelve local residents to decide the case. In most civil cases, the winning party is chosen by a majority of the jurors. A trial without a jury is called a bench trial, and is decided by a judge without a jury. Certain types of claims are required to be decided by a judge, and some may be decided by a judge or by a jury.
Erica and Chris regularly handle litigation cases, involving issues ranging from contract disputes to real estate claims. Litigation can be a lengthy and trying process. A typical civil case can take more than a year to litigate, and usually includes extensive discovery and client involvement. Many cases are resolved by compulsory arbitration, but some cases are decided by motions.
Litigation cases generally go through four stages: pleadings, discovery, motions, and resolution (either by arbitration or by trial).
Pleadings
Pleadings are the documents that get a lawsuit started, and frame the issues to be decided. The complaint is the pleading that starts a lawsuit, and explains the claims that the plaintiff is making against one or more defendants. The answer is the response of the defendant(s) to the claims in the complaint. In some cases, a defendant may file a counterclaim or cross-claim against another party, who then must file a reply. Sometimes, pleadings have different names, but their basic functions are the same.
Discovery
Discovery is the process of gathering evidence and information about a case. Discovery includes written questions to other parties, requests for documents or other items, and depositions. People who are not parties to a lawsuit are sometimes required to produce information or attend a deposition. The purpose of discovery is to make sure that all parties have all available information about the case.
Motions
Motions serve to reduce, eliminate, or clarify claims in a case. Sometimes, the entire case is resolved by a motion to dismiss or a motion for summary judgment. Most often, these motions are used to dispose of only some of the claims in a case. Once the motions are handled, the remaining claims proceed to resolution.
Arbitration
Arbitration often occurs before motions are filed, but can occur even after a judge has ruled on motions. In some cases, arbitration occurs as a result of an arbitration agreement among the parties. Arbitration may also be required by the court, in which case one or more arbitrators will be appointed by the court to decide the case.
Trial
Trials can include a jury or not. In a jury trial, the parties select a group of six to twelve local residents to decide the case. In most civil cases, the winning party is chosen by a majority of the jurors. A trial without a jury is called a bench trial, and is decided by a judge without a jury. Certain types of claims are required to be decided by a judge, and some may be decided by a judge or by a jury.
