Stages of Litigation

Last edited 29 days ago by Ted Broomfield

Summary. This is blog that is targeted at a person who knows little about litigation and wants to understand the general process.

See the more detailed blog on litigation for a more detailed explanation.

From filing to resolution can take between a year and up to two or more years.

Those reasons include limited resources, the nature of the litigation process, and lack of knowledge. This blog provides a graphic of the four basic stages of litigation and briefly explains each.

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In general, there are four stages to litigation, as follows.

Substantive: This is when the events that result in litigation occur. For example, a car accident.

Pleading: This is the stage where words are typed on a page or electronic document, given to the court, and if accepted by the court form the outline of the high level of the claims are defenses that each party will then try to prove.

Discovery: Discovery is the longest stage and involves the parties exchanging documents and testimony that generally comprise the entirety of the evidence that is admissible at trial. Discovery includes (A) written questions requiring written testimony in response that is verified, meaning sworn as true under penalty of perjury. Discovery also includes (B) deposition, which is an oral question & answer session that is typed verbatim and under oath that is conducted by the opposing party. (C) Document demands is another tool of discovery. Finally (D) third party deposition and document demands allow parties to seek evidence from non-parties.

ADR & Trial: ADR stands for alternative dispute resolution. ADR can include mediation, mandatory settlement conference, as well as arbitration. Mediation is, in theory, voluntary and involves a third party assisting the parties reach a resolution. Trial is a formal process by which evidence is admitted to the fact finder to weigh whether that evidence proves or disproves the legal contentions of a party.

So, when a client is communicating with his or her attorney, it can be very useful to know what stage the litigation is at to orient yourself.

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