A Professional Law Corporation
Litigation
What is Litigation?
Litigation is the process of going to court to enforce rights. People will file a lawsuit or a complaint to redress wrongs, or have rights vindicated or enforced.
What are the Steps of Litigation?
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Pleading
At the beginning, or pleading phase, allegations are set forth in writing and filed with the Court and served on the opposing party. The opposing party generally has a limited amount of time to answer, often, but not always, 30 days from service.
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Discovery
After a party has answered, the next phase in litigation is discovery. Discovery is where each side, through legal process, seeks information and evidence. Often, subpoenas may be used in written discovery to seek records and/or attempt to bolster a case. Throughout this process, court hearings are short and perfunctory and usually are only to discuss calendaring, whether the parties have engaged in discovery, whether parties engaged in litigation have completed discovery, and/or how much more discovery is required.
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Court sets the matter for trial
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At some point, the Court will set the matter for trial. At all of the early hearings, the Court will not take any evidence and will not listen to witnesses and will not hear substantively from any of the parties.
Trial
Trial, of course, must be attended in person and often lasts several days. By this stage, the matter has progressed significantly and has become very involved.
Should I Have an Attorney?
The Broderick Legal Group consists of a team of four attorneys who solely focus on probate, estate, and trust law. We have considerable experience litigating matters, including matters that have resulted in successful judgments in favor of our clients.
Are There Alternatives?
Alternatives to litigation include mediation attempts at informal settlement or negotiation. At the Broderick Legal Group, we try to always keep all options on the table, however, when an opposing party or counsel is particularly intransigent, sometimes litigation becomes the only option. When that is the case, you want well-seasoned attorneys with experience in probate and trust litigation who can represent you zealously in court.
How Long Does Litigation Take?
Litigation can entail many unexpected twists and turns, and it is difficult, if not impossible, to anticipate how long litigation will take. Generally speaking, the length of litigation often depends on the opponent and/or the opponent’s attorney more so than on the strength or weakness of any particular case. While most matters typically settle before trial, you must bear in mind, at the outset of litigation, that there is a distinct possibility that your matter could end up going to trial.