| Stages |
Description |
Potential Problems |
Expense Factor |
| Jurisdiction and Venue |
Selecting the right Court and proper location to sue your adversary. |
Venue where defendant resides/does business |
$ |
| Pleadings |
Determining the right cause of action to commence your suit |
Possibility of Counterclaim |
$ |
| Discovery |
The Process of obtaining documentation and information in the other party’s possession. Interviewing witnesses. |
Reluctance on the part of others to cooperate. May lead to motion practice. |
$$$ |
| Motions |
Seeking the Court’s intervention to compel discovery, dismiss case, grant summary judgment, impose sanctions, etc. |
Always leads to delays in case. Can often be very contentious and change the nature of the lawsuit |
$$$$ |
| Trial |
Getting your day in Court before a judge or jury. Presenting documentary evidence and witness testimony to prove your case |
Can often take days or weeks to complete. Winning is often much easier than collecting. |
$$$$$ |
| Appeal |
You or your adversary may appeal an adverse decision. The Appellant must be able to show where the lower court made a mistake |
Unless the lower court made an obvious mistake, your odds are not good. An appeal is a time consuming process |
$$$$$ |
