What are the 6 phases of litigation?

Every civil lawsuit is different, but the majority of lawsuits adhere to a similar process. Essentially, the plaintiff, or person filing the lawsuit, is issuing a complaint against the defendant, the person being accused. Unlike criminal cases that seek punishment, litigation intends to recover damages from an action that caused harm or broke a contract:

Here are the phases of litigation lawsuits:

Phase 1: Pre-filing

A dispute emerges between two or more parties where one party makes particular demands of another. Ultimately, the inability to resolve this dispute leaves one party with no recourse but to settle the dispute in court.

Phase 2: Initial pleading

One party files a complaint against the other to initiate court proceedings. Afterward, the defendant files a response to the plaintiff.

Phase 3: Discovery

Everyone involved exchanges information to inform themselves about specific, key details related to the lawsuit.

Phase 4: Pre-trial

All parties prepare for the trial, which involves gathering evidence and contacting witnesses. Settlement efforts can also be made at this stage, and all parties can file a motion to the court to resolve the case or set parameters on issues addressed in the trial.

Phase 5: Trial

All parties present their side of the story before a judge or jury. To substantiate their positions, all parties have the opportunity to present evidence and witness statements and cross-examine witnesses. The case is then decided, and a judgment is entered.

Phase 6: Post-trial

All parties must adhere to any orders imposed by the judgment, and the individual who lost has the chance to appeal the decision.

Still, not all cases abide by this procedure. Sometimes, cases have unique processes laid out by the court. If your litigation case has individuating circumstances that require a different procedure, our litigation attorneys in Southern California can help you achieve the best possible outcome.