Litigation
Anatomy of a Lawsuit
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. |
$$$ |
MOTIONS |
Seeking the Court’s intervention to compel discovery, dismiss case, grant summary judgment, impose sanctions, etc. |
Always leads to delays in case. Can often be very contentious and change the nature of the lawsuit |
$$$$ |
TRIAL |
Getting your day in Court before a judge or jury. Presenting documentary evidence and witness testimony to prove your case. |
Can often take days or weeks to complete. Winning is often much easier than collecting. |
$$$$$ |
APPEAL |
You or your adversary may appeal an adverse decision. The Appellant must be able to show where the lower court made a mistake. |
Unless the lower court made an obvious mistake, your odds are not good. An appeal is a time consuming process. |
$$$$$ |
