subject: Take a tour to the basics of litigation process [print this page] Litigation in common term signifies lawsuits i.e., representation of controversy before the court. When two parties get involved in legal disputes, it is needed to be heard and decided by the jury or judge in a court. Thus Litigation is the official process of resolving argument that may arise due to number of reasons.
Every state of America ha its own set of litigation rules and structures. Here is a brief explanation on common litigation process and its implications on involved parties resourced fromHawaii Litigation lawyer website.
Significant basics:
In simple term, litigation process in Hawaii is a civil action that may include individuals, business Corporation or non-profit organization. Generally two parties fight for the justice. The person who claims against the wrongdoer and file a legal complaint in the court is called plaintiff or claimant. The other party is the defendant who counteract on the plaintiff to be found as innocent.
After the judgment and trial procedure runs in the court with the presence of both parties and their respective lawyers, final hearing is announced. If the plaintiff comes out in flying colors throughout the painful stages during legal prosecution, an array of court orders would be issued to enforce the rights. The claimant will receive compensation to the damages and can also impose injunction to prevent or compel an act. This protects the innocent and orders the accused to refrain from any criminal activities.
Different from mediation:
Litigation has a distinguished feature other than alternate dispute resolution methods like arbitration or mediation where an arbitrator is hired to resolve the disagreements. Unlike courtroom procedures, here the mediator arranges a structured meeting and helps in mutual settlements. However, the degree of complicacies and severity of issues are always on higher nodes in litigation case as compared to arbitration.
The important steps:
In a common law jurisdiction, a lawsuit begins with pleading and ends with enforcement stage. In between, there are certain crucial stages that determine the fate of the both entangled parties.
Let us take a short tour to these processes:
Pleading- The process starts with submitting request for compensatory damages or equivalent relief from defendants. There is certain time limit to file your complains in the court.
Pre-trial: This is the initial stage of the lawsuit where each party needs to disclose their evidences and discovery reports. Here the court tries to eliminate the basic doubts and look for the clarifications associated with the case.
Trial and judgment: Here each party submits their witnesses and evidences, at the end of which jury or the judge announce his final decision. There can be number of motions during the presentation of the case.
Appeal: after the final decision has been taken, the unsuccessful or unhappy party may move to appellate court for correction or larger compensation.
Enforcement: once the final judgment has been rendered against the defendant, it is followed by seizure of defendant's asset like bank accounts, liens or any wage matters.
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Take a tour to the basics of litigation process
By: Mark
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