Litigation is fluid, and you can file many documents at any stage. However, this list will make you aware of available litigation documents and when they are most commonly filed.
Understanding the litigation process will help you formulate the basic strategies you need to put up an effective fight. These simple strategies are designed to give you an idea of things to look out for at each stage of litigation.
Discovery can be a mind-boggling lineup of requests for admissions, requests for production of documents, requests for interrogatories, depositions, motions to compel, protective orders, and notices. Despite all that, your strategy for discovery is to get as much out of your opponent as you can while holding back as much as the law will allow.
When you do it right, litigation is a slow and lengthy process, with peaks and valleys of activity. You’re tempted to lose focus when things slow down. But that’s just what your opponent may be waiting for.
After five months with no activity, you’re slapped with a summary judgment motion that could end your case prematurely, and not in your favor. You could’ve prepared, but you’d decided to let things die down and respond as necessary. Now you’re paying for it. It’s always better to stay on offense when you’re engaged in battle.
Cases are won and lost on the judge’s rulings before and during trial — whether to strike a claim or defense, whether to permit discovery of certain facts, and so on. When a judge’s ruling makes your case untenable, file an interlocutory appeal to get it reversed.
I’ve had plenty of traffic tickets, and I’ve hated every one. But there’s nothing worse than getting one in the mail for something you can’t remember doing. Luckily, there was a link to a video of my car running a stop sign. Well that settles it, right? Not quite. I have many questions, starting with ‘Why is a private company billing me for driving on a public road?’ We will have to see about this because I’ve never lost in traffic court. Things could get ugly.
Summary judgment is to litigation what the slam dunk is to basketball. When all sides agree on the relevant facts and those facts prove or disprove the case, there’s no need for a trial to weigh the evidence. No need to prepare exhibits, subpoena witnesses, practice direct and cross examinations and so forth, because all […]
When you reach the discovery stage of your case, the fun is just beginning. Now you get to evaluate your opponent’s evidence. Watch out for landmines though, like unanswered requests for admissions.