Legal Definitions - litigation

Litigation is the process of resolving disputes by going to court. This means that if two parties have a disagreement that they cannot solve on their own, they can file a complaint with the court and ask a judge to make a decision.

• The plaintiff files a complaint with the court.
• The defendant is served with the complaint and the court gains jurisdiction over them.
• The parties meet and try to settle the case or prepare for discovery.
• The court holds a pretrial conference or issues a scheduling order.
• The defendant may file motions.
• The defendant files an answer.
• The parties disclose documents and the discovery process moves forward.
• Either party may file additional motions.
• The court holds a final pre-trial conference.
• The court conducts the trial.
• The court renders a judgment.
• Post-trial proceedings may occur.
• An appeal may be taken.
• The judgment is enforced.

For example, if a person is injured in a car accident and the insurance company refuses to pay for their medical bills, the injured person can file a lawsuit against the insurance company. The case will go through the steps of litigation until a judge makes a decision.

Another example is if a business owner believes that a competitor has stolen their trade secrets. The business owner can file a lawsuit against the competitor and the case will go through the steps of litigation until a judge makes a decision.