The Life of a Lawsuit

Step #1: Accident/Breach of Contract: A lawsuit begins with an accident, breach of contract, contract modification, or some other catalyst that allegedly upsets, injures or otherwise harms one party. This can be something like a tenant not paying rent or a car accident that leaves someone with bills.

Step #2: Consult An Attorney: In order to decide if a case is worth pursuing through legal channels, the alleged victim will sit down with an attorney for a consultation. The purpose of this step is to help the plaintiff learn what to expect. The attorney will discuss where to file the suit, the odds of success, how long it will likely take to resolve and the expected fees.

Step #3: Informal Investigation: Once the plaintiff has secured an attorney, the law office will begin its procedures and conduct an informal investigation into the claims. This helps the attorney file the correct paperwork with the court.

Step #4: Plaintiff’s Attorney Files Complaint: The complaint contains the facts that were obtained through the informal investigation, what damages the plaintiff is seeking and also shows that the complaint is being filed with the appropriate court.

Step #5: Defendant Notified Of Lawsuit: The defendant will be notified of a pending lawsuit. This is known as a service of process, and it has to happen for the court to proceed. If the defendant does not respond, the plaintiff wins a default judgment and the case is over.

Step #6: Defendant’s Attorney Files Answer: Assuming the defendant aims to defend himself, he will retain his own attorney, who will file on his behalf. The defendant can admit what happened, which will end in a favorable judgment for the plaintiff, or can deny the allegations, or file a counterclaim. The defendant’s attorney can also file a motion to dismiss.

Step #7: Motion for Judgment on Pleadings: Assuming the court decides to move forward, the judge will be asked to decide the case before trial. No outside evidence is permitted other than what is contained in the pleadings.

Step #8: Discovery: If the motion fails, the case moves into discovery where formal investigations are conducted by both sides. This includes evidence-gathering and depositions.

Step #9: Motion for Summary Judgment: Any party can request summary judgment during this process, but it requires the court to agree that no facts are in dispute by either side. The judge is usually very strict when considering this motion.

Step #10: Further Discovery: If the motion fails, discovery will continue. Both sides interview witnesses and seek evidence to build the strongest case possible for their clients.

Step #11: Pretrial Conference: At the pretrial conference, attorneys meet with the judge to discuss a settlement before the trial. If that does not happen, they will map out a course of action for the trial.

Step #12: Trial: Finally, trial proceedings begin with jury selection. Once a jury suitable to both sides is seated, the trial gets underway with opening statements. The prosecution goes first, presenting its evidence. The defense follows, and will usually ask for a motion for a directed verdict. Those are usually denied and the defense will present its case, the prosecution will make a rebuttal and the judge will give jury instructions before deliberation. Then there is a verdict.

Step #13: Posttrial Motions: The losing side may request a new trial or can ask for a verdict independent of the conclusion reached by the jury.

Step #14: Appeal: The losing party’s attorney will file a brief to the appellate court, which collects no new evidence. It will make a decision based on the facts presented and has several options, including affirming or reversing the trial decision, sending it back to the original court or partially affirming or reversing.

Step #15: Enforcing Judgment: This is the final step, where the losing party must settle the case with the winner. This can be tricky, especially if it's a product liability case and the losing side does not have the money to cover the costs awarded.

Work Cited

Cross, Frank B., and Roger LeRoy Miller. "The Court System." The legal environment of business: text and cases, 8th edition. Mason, Ohio: Cengage Learning Custom Solutions, 2012. 28-57. Print.