Litigation law is the process of taking legal action against another party in order to resolve a dispute. In the United States, litigation law is governed by federal and state rules and regulations. Federal litigation law is primarily concerned with the rules and procedures that govern the filing of lawsuits in federal courts. State litigation law, on the other hand, is focused on the rules and procedures that govern the filing of lawsuits in state courts.
The first step in any litigation law case is the filing of a complaint. The complaint is a document that outlines the nature of the dispute and the relief that the plaintiff is seeking. Once the complaint is filed, the defendant has the opportunity to respond. The defendant may choose to file an answer, which is a document that responds to the allegations made in the complaint. Alternatively, the defendant may file a motion to dismiss, which is a request that the court dismisses the case without considering the merits of the dispute.
If the defendant chooses to file an answer, the next step is discovery. Discovery is the process of exchanging information between the parties in order to prepare for trial. During discovery, each party has the opportunity to request documents and information from the other party. The parties may also depose, or question, witnesses.
After discovery, the next step is trial. At trial, each party presents its case to a judge or jury. The judge or jury then decides whether the plaintiff is entitled to the relief that he or she is seeking.