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Litigation Process Paper

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In society there has to be a process that solves problems in the criminal and civil courts. The Litigation Process refers to the rules and practices in relation to resolving disputes in the civil court system. The steps in the Litigation process should be completed for Litigation to be successful. There are many details about the Litigation process that makes it particularly interesting. Litigation is the process of resolving civil cases disputes in the court system. Litigation is related to civil lawsuits in many ways. When it is a civil lawsuit, an individual or corporation brings another party to court. The individual or corporation is called the plaintiff. The other party is referred to as the defendant. The plaintiff …show more content…

The main steps in the Litigation process include the complaint and answer, motions, discovery and pre-trial, trail and judgment, appeals, and enforcement. The initial step in a civil lawsuit is the complaint and answer. The plaintiff or the injured party files an initial document called a complaint that states the cause of action with the assistance of an attorney. The complaint includes the legal and factual reasons why the plaintiff believes the defendant is responsible for his injury (Shestokas, 2012). After the complaint, the clerk of the court issues a summons to the defendant. The summons provides a notice of lawsuit and the copy of the complaint. The defendant is required to file an answer that addresses the facts and legal claims to the complaint in a certain timeframe. The document or the answer gives the court the facts in the complaint the defendant agrees and disagrees with. The motion in a Litigation process is a request to the court to issue an order. After the complaint and answers have been filed with the court attorneys for both sides consider proper motions (Shestokas, 2012). The defense is able to file a motion to dismiss the case. The plaintiff may also file a motion for a summary judgment that states the facts that the defendant liable to the plaintiff if they are not in dispute. The discovery and pre-trail in Litigation are the next steps. The Discovery process is the actions of giving information to the correct parties related to the claim. Trail and judgment are the next steps in the Litigation process. The plaintiff presents evidence to the judge with a bench trial or a jury. The defendant has an opportunity to present the defense side of the cakes. The plaintiff and defendant have the chance to share their cases then the judge or jury decides the final decision of the case. There can be money or orders that the defendant is required to perform by law. The next step in the Litigation

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