Litigation is a civil action brought in court to enforce a right or settle a dispute. The dispute could be over money or ownership of a property or business. The party bringing the action is called the plaintiff. The party the lawsuit is brought against is the defendant.
A lawsuit is commenced when the plaintiff serves a summons and complaint upon the defendant. A summons is a document that demands a response or appearance. A complaint is a document that outlines the plaintiffs alleged facts, legal reasoning, and relief sought.
The defendant must submit an answer to the complaint within a certain period of time, depending on the jurisdiction in which the case is being brought. The answer is a document in which the defendant replies to the allegations brought by the plaintiff and asserts defenses.
The next phase is discovery. Discovery is where both sides exchange information and documents related to the case. Discovery can be conducted through interrogatories, requests for production of documents, requests for admissions, motions, expert witnesses, and subpoenas. The extent and context of discovery process varies depending on the complexity and jurisdiction of the case.
Trial is usually held in front of a judge and jury. During a trial, each side presents their side of the case using evidence and witnesses to support their statements. The judge or jury then decides the outcome the case.
From initiation to trial, civil litigation often takes over a year. Most cases settle prior to trial. Litigation is complex; each situation has its own complexities.
If you are considering litigation, it is in your best interest to speak with an experienced litigation attorney. There are countless ways to approach litigation. An experienced litigation attorney can ensure you understand all your options and possible outcomes, as well as tailor a specific strategy for success.
If you find yourself defending you or your business against civil litigation, an experienced litigation attorney could save you time and thousands of dollars. Litigation attorneys understand the specific rules and tight deadlines set by the court. If you attempt to defend yourself or your business without an attorney you risk missing an important deadline, which could consequently lose your case.
Civil litigation is a legal dispute between two or more parties seeking monetary damages or specific performance rather than criminal sanctions against the opposing party. Such areas of civil law usually involve money damages or claims for money, and generally requires a full-blown trial should mediation or arbitration in the pre-litigation stage fail to resolve the controversy.
While most lawyers do not spend a significant amount of time in the courtroom, those who do have specific skills, experience, and familiarity with court rules. These abilities can greatly increase the likeliness of receiving a favorable decision.
Minnesota district courts are able to order disputing parties to first attempt to resolve their issues outside of court. There are different processes the parties can use, and their attorneys are now required to discuss them.
Common construction legal problems involve delay payments, nonpayment, breach of contract, and negotiating disputes. Our Minneapolis construction litigation attorneys advocate for our clients, negotiate resolution of disputes, litigate in court and arbitration, and minimize liability for our clients.