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What is a lawsuit?

I. The Pleadings Stage

This stage begins with the filing of a Complaint. The defendants as a general rule have up to sixty days to answer the Complaint and will typically take the entire time. Very often in this type of litigation, the defendants that you sue will sue other parties, who also get up to sixty days to file an answer. In summary, this stage typically takes three to four months to complete.

II. The Discovery Stage

During the pleadings stage and after it has concluded, the parties are allowed to conduct “discovery.” Discovery consists primarily of interrogatories (written questions that each side is allowed to ask), document requests (each side can request the others sides pertinent documents) and depositions (each side can take the sworn testimony of the other sides witnesses, including the defendants and plaintiffs). The purpose of discovery is to learn about the other parties’ case to prepare for trial, and to assess settlement possibilities. We have developed standard written interrogatories and document requests that we serve on the various parties. The parties typically have up to sixty days to answer. Also, we are not limited to one set of interrogatories or document requests, and can ask additional questions or request additional documents at the appropriate time.

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III. Mediation

Most courts will order “mediation” after four to six months, depending on the congestion of the court dockets. In most cases, however, mediation does not actually commence until the case has been on file for ten to twelve months. Mediation is the best opportunity to settle the case. We have settled dozens of cases during mediation. The court orders mediation in the hope that the parties will settle the case and not have to clog up the courts with a complicated trial. In mediation, a mediator, typically a lawyer who is a certified mediator, attempts to bring the parties together. Each defendant is in attendance, with their attorneys, and insurance adjusters. If the defendants do not offer the amount you will settle for, the mediator declares an “impasse.” This is legal jargon for “the case did not settle; get ready for trial”. If the case does not settle at mediation, the lawyers can continue to negotiate, but it is much more cumbersome to negotiate with one defendant at a time, typically over the telephone. You should not be discouraged if the case does not settle during mediation. We have settled dozens of cases after mediation.

IV. Summary Judgment Stage

After discovery concludes, the parties can file for summary judgment. Hopefully, you will not have to endure this stage. “Summary judgment” is a request by the defendants to have some, or all, of your case thrown out of court “as a matter of law.” The arguments are varied, but typically center on the defendants’ perceived lack of legal obligations to you. Often there is an insurance coverage dispute with one of the defendants or some other argument that precludes settlement at that time. After summary judgment, the next stage is the trial stage.

V. Trial Stage

If the case does not settle, twelve jurors will hear your case. In very general terms, the plaintiffs put on their evidence first, next the defendants put on evidence, and finally, the jurors decide. We realize that no homeowner wants to even consider the time and expense of a trial. However, this is a reality that you must consider, short of dismissing the case, if the case does not settle. Of course, some of the best settlements come on “the court house steps” or during the trial. As a general rule, it is typically at least one year from the filing of the Complaint, before the case will be placed on a trial calendar. If you need to resort to litigation, you need to adopt the right temperament. You must resign yourself to the fact that you are in it for the long haul. Patient persistence is a desirable attribute when involved in complex civil litigation.

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