Motions, Trial & Appeal
Once the lawsuit has been filed and discovery conducted, both parties review everything they learned in discovery, and the defendant will usually file a motion for “summary judgment”. Essentially, the defendant argues to the judge that even if the plaintiff’s claims are true, the law does not identify the situation as one in which the defendant will be held liable. If the judge agrees, the plaintiff loses and the case is finished. If the judge disagrees, the case will continue to trial.
Finally, after the pre-trial stages of litigation, the case will be heard by the judge or a jury. Witnesses will then testify, evidence is submitted, and both sides’ attorneys will give arguments as to why their clients should win. When the trial is over, the losing party has the right to appeal.
Experience is Key
In disputes both large and small, a skilled litigation attorney can provide a person with a large advantage. If you’ve been sued, or you need to protect your legal rights, simply hiring a lawyer may cause the other party to think twice. If the case does go on to litigation, your attorney will be there, fighting for you throughout the entire process.