Litigation begins the moment someone decides to formally enforce his or her legal rights. Many people associate courtroom proceedings with the term “litigation”. However, there are numerous steps in the litigation process, and many cases are settled before they go to trial, reducing the risk and expense of appearing in court.
We begin the litigation process by conducting an investigation to determine the harm that occurred as well as possible outcomes of the case. The investigation process may include finding witnesses and taking their statements, gathering documentation, interviewing the client and exploring the facts surrounding the case. Many matters can be resolved at this time, during a pre-litigation settlement discussion, before the case even goes to court.
If the case has not settled, we will draft a variety of pleadings and motions on behalf of our client, determined by whether they are the plaintiff or defendant. We then begin the discovery process, which involves the exchange of relevant information between parties. Various methods are employed to gain this information including depositions, requests for production, requests for admission and interrogations. We will also analyze any physical evidence relevant to the case.
The case then moves into the pre-trial phase. During this time, we retain and depose expert witnesses and develop a strategy based on facts and evidence. We will work around the clock to developing arguments, preparing witnesses and arguing trial motions, ensuring that we are well prepared to present in court.
Our team is has successfully handled litigation for numerous clients. If you are involved in a case requiring litigation, make your first call to Babb & Bixler.