Litigation
The process of resolving a legal dispute through the court system.
Litigation is the formal process of taking a dispute to court. It covers everything from the initial filing of a lawsuit through discovery, pretrial motions, trial, and any appeals. When people say they are “in litigation,” it means their case is active in the court system.
The main stages of litigation typically include:
- Filing: One party (the plaintiff) files a complaint with the court.
- Service: The other party (the defendant) is officially notified of the lawsuit.
- Discovery: Both sides exchange information and evidence.
- Motions: Either side can ask the court to make rulings before trial.
- Trial: The case is presented to a judge or jury for a decision.
- Appeal: The losing side may ask a higher court to review the decision.
Many cases settle before reaching trial. Litigation can be expensive and time-consuming, which is why alternatives like mediation are often encouraged.
Example: After a contract dispute, a business owner files a lawsuit against a former partner. The case goes through months of discovery and motion practice before the parties eventually reach a settlement – all of that is part of the litigation process.
When someone files a lawsuit and the case moves through the court process, including discovery, motions, and potentially a trial.