Litigation is the process of taking legal action through the court system. While litigation can be fascinating and even exciting, it can also feel intimidating and overwhelming to people unfamiliar with the legal process. Television courtroom dramas often create unrealistic expectations about how lawsuits actually work. In reality, litigation is usually slower, more technical, and far more procedure-driven than what appears on television.
Here are ten things you may not know about litigation:
- There are different levels of courts depending on the amount in controversy.
In California, smaller disputes may be handled in small claims court, while larger disputes proceed in limited or unlimited civil jurisdiction depending on the amount sought. Different courts have different rules, procedures, and limitations. - Surprises are generally not allowed at trial.
Courts have extensive procedural rules designed to prevent “trial by ambush.” Before trial, the parties exchange information through a process called discovery, which may include written questions, requests for documents, and depositions conducted under oath. - Lawsuits often move slowly.
Litigation rarely resolves overnight. Courts frequently have crowded dockets, and cases can take months or even years to reach trial. In the meantime, parties often engage in extensive motion practice, discovery, and settlement discussions. - Most cases settle before trial.
Parties typically have multiple opportunities to resolve a case before trial. One common method is mediation, where the parties meet with a neutral third party—often a retired judge or experienced attorney—to attempt to negotiate a resolution. - If you bring a claim, you generally must prove it with evidence.
Courts require evidence to support claims and defenses. In more technical matters—such as lost profits, professional standards of care, medical issues, or complex damages—expert witnesses are often necessary to provide opinions and analysis. - Damages must usually be supported with documentation or testimony.
A party cannot simply estimate damages without support. Courts generally expect evidence such as receipts, invoices, financial records, contracts, photographs, expert analysis, or other documentation showing the nature and amount of the claimed loss. - Courts can impose serious penalties for misconduct during litigation.
Courts have broad authority to sanction parties who destroy evidence, fail to comply with court orders, abuse the discovery process, or engage in bad-faith litigation tactics. Sanctions can range from monetary penalties to, in extreme cases, dismissal of claims or defenses. - Not every case is decided by a jury.
Some cases are decided by a jury, while others are decided solely by a judge in what is called a bench trial. In certain situations, parties may waive the right to a jury trial altogether. - Ignoring a lawsuit can have serious consequences.
Once a person or business is properly served with a lawsuit, strict deadlines apply. Failing to respond may result in a default judgment, meaning the opposing party could obtain judgment without a trial. - Winning a judgment does not automatically result in payment.
A judgment is only the first step. The winning party may still need to take additional steps to enforce the judgment, including wage garnishments, bank levies, liens, or other collection procedures.
Litigation can be complicated, time-consuming, and expensive, but understanding the process can help individuals and businesses make more informed decisions when disputes arise.
If you have questions regarding a lawsuit, litigation strategy, or business disputes, contact us to discuss your situation.
Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Readers should consult qualified legal counsel regarding their specific circumstances.
