Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Written By Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
ContributorAdam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Updated: Apr 24, 2023, 4:58am
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Litigation is a formal process during which legal disputes are resolved. Individuals can use the civil court system to address a wide variety of issues ranging from personal injury claims to divorces to disputes surrounding a breach of contract.
Litigation can occur in state or federal court. Either way, there are specific rules— called rules of civil procedure—governing every step of the process. If you become involved in litigation as either a plaintiff or a defendant, it is a good idea to hire an experienced attorney who has handled similar matters.
This guide to litigation helps you understand what to expect during the process and possible outcomes of litigation.
In the United States, anyone can seek a remedy in the public court system.
A plaintiff (a person who initiates a case and makes a formal legal complaint) files paperwork with the court to get the process started. The defendant (the person who the plaintiff has a legal issue with) is required to come to court if the court has authority (jurisdiction) over them.
When a plaintiff initiates a legal claim, the plaintiff has the burden of providing evidence and proving their case.
The defendant can ask for the case to be dismissed if there is insufficient evidence to proceed or can raise defenses and argue that the plaintiff’s evidence is not true or doesn’t meet the legal requirements.
A judge or a jury will then make a decision on the outcome of the case, which the parties are bound by unless it is overturned on appeal.
There are different steps to the litigation process, which may vary slightly depending on the court the claim is filed in and the nature of the case. In general, however, this is the basic process involved in litigation:
Every step of this process requires following complex rules of evidence, ensuring you’ve submitted the proper court paperwork and complying with court deadlines. You should have an experienced attorney helping you throughout the entire litigation process.
The outcomes of litigation vary depending on the specific situation and type of case.
For example, a court could find for a plaintiff in a personal injury case and the defendant would be ordered to provide compensation to the plaintiff for injuries. Or the court could find for a defendant and determine that the plaintiff is not entitled to compensation.
In other types of cases, such as litigated divorces, the court makes decisions on issues related to custody, alimony, child support and division of property.
Litigation can be an expensive process that is stressful for all involved parties. As a result, many different types of cases that could be resolved through litigation end up being decided through out-of-court settlements.
For example, a defendant’s insurer could offer an injured plaintiff a lump sum of money to resolve a personal injury claim. If the plaintiff accepts, they give up their right to make further claims. No litigation would be necessary.
A divorcing couple could opt for an uncontested divorce. They could draft their own divorce settlement agreement and ask the judge to approve it and dissolve their marriage rather than having the judge decide issues related to custody, property division or support. This simple uncontested divorce wouldn’t require litigation.
It is a good idea to consider whether these alternatives to litigation could provide better outcomes for you. An experienced attorney can help you to negotiate an out-of-court settlement, help you through the process of an uncontested divorce or otherwise assist you in finding ways to resolve your case without going to court.
If you are going through the litigation process, you need a lawyer with experience handling claims similar to yours. This could be a divorce lawyer, a medical malpractice lawyer, a car accident lawyer or an attorney with one of dozens of other legal specialties. Your attorney will be there for you at every step of litigation, from settlement negotiations to appeals to give you the best chance of getting your desired outcome through the civil court system.
Litigation involves using the court system to try to resolve a legal dispute. Parties to litigation often settle their case before a judge or jury must make a decision on the outcome of their claim. If they cannot settle, the case proceeds through the entire litigation process.
When a case settles, it is resolved out of court. The parties to the case come to a resolution on their own. For example, if they are divorcing, they work out a settlement addressing the issues raised by the end of their marriage. Or if they are involved in a personal injury claim, a plaintiff agrees to accept payment from a defendant and give up any future claims. If a case does not settle, it goes to court and is litigated. Both parties present evidence and a judge or jury makes a decision as to how the case should be resolved.
Litigation can be an expensive and time-consuming way to resolve legal disputes. The parties give up control and rely on a judge or jury to make a decision in the case. It is stressful for all parties because of the uncertainty in not knowing if they will be happy with the court’s verdict. While litigation is sometimes necessary to resolve legal claims, it’s often best for parties involved in a civil case to work with their lawyers to try to negotiate an out-of-court settlement when possible.
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ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has appeared on Forbes, CNN Underscored Money, Investopedia, Credit Karma, The Balance, USA Today, and Yahoo Finance, among others.
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