Litigation basically refers to the process of taking a case to court. This process is generally connected to civil lawsuits, in which one party sues another party. Thus, it is important for a business owner in Clearwater or in Florida in general to have a better knowledge of civil litigation. It is also applicable for an individual who is taken to court or for taking someone to court.
There are two parties in business civil litigation: the plaintiff, which refers to the one who files the lawsuit, and the defendant, whose lawsuit is filed. In such cases, an attorney is required, and Andrew Mongelluzzi is a renowned attorney who can certainly help you with your case.
- The Civil Litigation Process.
The process of creating a lawsuit in court starts with filing a complaint by the plaintiff, and with that, usually, a summons is filed as well. The summons essentially sends a notice to the defendant of the lawsuit filed against them, and a deadline is given for a response to it.
Generally, a date is allotted for the lawsuit to begin, and both parties start collecting records and information and taking statements. This is referred to as the discovery process.
Both parties file motions with the court, some requesting procedural information. The procedure may include requesting the case be heard by a jury and judge or requesting a change of venue for the trial. The whole process of progressing to a proper court date may take up to several months, depending on certain factors.
Eventually, at the appointed date, the lawsuit arrives at court. A judge or jury hears the whole case and comes to a decision. If any party has a valid reason to question the end verdict, they can appeal against it, and the process moves through higher courts.
- Burden of Proof.
Generally, the plaintiff is responsible for proving that the case is reasonable, as they are the ones who initiate the whole process.
- Alternative to Litigation.
Arbitration is the most common alternative to litigation. It is basically a method to resolve the matter outside of court. The conflict or matter will be listened to by the arbitrator, or probably numerous arbitrators, and eventually, they will make a decision. Arbitration is a private process; on the other hand, litigation is a legal process. You cannot appeal a decision by an arbitrator, whereas you can appeal in the case of litigation.
Get an attorney.
Although you can step into a lawsuit without an attorney, it is not recommended because, typically, both parties have attorneys, and if you do not get one and decide to fight on your own, the other party will most likely have one. An attorney has a specialization in such cases and can increase your chances of winning the lawsuit significantly.
