The 4 Phases of a Lawsuit
Lawsuits can be confusing for people who have never been involved in one previously.
A lawyer who is a good communicator can explain the four different phases of a lawsuit, so that the client has a general roadmap of the process.
1. Pleading Phase
A lawsuit is initiated when the plaintiff files a lawsuit.
Each defendant then files an answer responding to the complaint. Alternatively, the defendant can file a motion which attacks the sufficiency of the complaint or its allegations. If the judge agrees with the motion, he or she may well allow the plaintiff to amend the complaint. Defendants then have another chance to file answers or launch further attacks on the complaint.
Eventually, all defendants will have answered the complaint or been dismissed from the lawsuit. At that point, the judge considers the case to be “at issue”, and the pleading phase is complete.
2. Discovery Phase
The second stage is the discovery phase. In this phase, the parties have the opportunity to use powerful methods to “discover” facts which help their case.
There are two general types of discovery: written and other.
Written discovery is conducted by using written questions called “interrogatories”, requests for admissions, and requests for documents.
The other general types of discovery are “depositions” – where the attorney asks a series of questions under oath – and physical inspections.
3. Pre-Trial Phase
The parties file additional motions before trial. For example, motions “in limine” are motions to exclude evidence which would case a waste of time, distraction or prejudice at trial.
There are also usually settlement discussions which occur before trial (although they can occur at any time throughout the lawsuit), to see if it is possible for the parties to settle before trial.
4. Trial Phase
The fourth stage is the trial phase. The trial will either be before a judge (called a “bench trial”), or before a jury.
Trials consist of opening statements, direct and cross-examination of witnesses, and closing arguments.
Jury trials include an additional phase: jury selection (called “voir dire”, which is French for “speak the truth”).
At the end of the trial, the judge and/or the jury renders a judgment. Even in a jury trial, the judge might have input, since the jury decides questions of fact, but the judge decides questions of law.
Arbitrations
Arbitration is an alternative to lawsuits. If the parties to a contract agree to arbitrate their disputes, they will go to an arbitrator instead of court.
Arbitrators are generally private companies, made up of retired judges or experienced lawyers. Generally, arbitrations are binding. In other words, the arbitrator’s decision is final, and can be entered as a judgment in court. However, some arbitrations are non-binding … if a party doesn’t like the arbitrator’s decision, he or she can initiate a lawsuit in court.