While the proper handling of each dispute depends in large part upon the particular circumstances, certain steps are common to most lawsuits. Whenever possible, we follow a systematic approach that assists in ensuring that all necessary work is performed in a timely and cost-efficient manner. The steps in litigation include: Investigation, Pleadings, Discovery, Pre-Trial Preparation and Trial.
1. Investigation
As soon as you have retained counsel, their first objective should be to ascertain, document and assess all of the relevant facts. While much of this work may be performed at a later stage of a dispute, our practice is to “front end load” the investigations, in order to be in a position to conduct the litigation in a principled fashion. Quite often, clients are in a position to provide or collect much of the required information and documentation. For example, plaintiffs can supply accident reports, medical records, autopsy reports, employment records, income taxation returns, etc., while defendants may be in possession of written statements, vocational assessment reports, rehabilitation records, etc. Counsel will conduct whatever legal research may be necessary to permit a preliminary evaluation of both liability and potential damages.
In both personal injury and property damage cases, private investigators are frequently employed to document the material facts of the involved accidents, including the collection of statements from and addresses of independent witnesses. Finally, expert opinions may be sought from various consulting professionals, including accident reconstruction specialists, engineers, physicians, psychologists, occupational therapists, economists, and accountants.
2. Pleadings
Pleadings are formal documents, which catalogue the parties’ respective positions and allegations. Essentially, the pleadings define who is involved in the lawsuit; what matters are at issue; and what relief is being sought.
Plaintiff counsel prepares a Complaint, which sets out the identities of the parties, the wrongful acts allegedly committed by the defendant(s) [for example, breach of contract, negligent operation of a motor vehicle, etc.] and the losses sustained by the plaintiff. Defense counsel prepares an Answer, which admits or denies the plaintiffs’ various allegations, and asserts any affirmative defenses relied upon [for example, the contract was substantially performed, the plaintiff was contributory negligent, etc.]. Defense counsel may also prepare a Counterclaim [alleging that the plaintiff is legally exposed to the defendant in some specified fashion], a Cross claim [alleging that other defendants are liable to provide contribution or indemnity toward the plaintiff’s claims], or a Third Party Claim [alleging that non-parties are liable to provide contribution or indemnity toward the plaintiff’s claims].
Once all of the pleadings have been ‘served upon’ [delivered to] the opposing parties, and filed with the court office involved, the lawsuit moves to the discovery stage.
3. Discovery
Generally, the Idaho Rules of Civil Procedure allow parties to obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involving in the pending action. This may include all material documentation in a party’s possession, power or control. Further, when requested, documents must be produced for the opposing party’s inspection, subject only to claims of attorney-client privilege [communications passing a party and their counsel] and litigation privilege [documents prepared or obtained in anticipation of or during the course of a lawsuit, including information or material prepared or obtained for possible use as evidence].
After the parties have exchanged documentary evidence, counsel usually arrange to conduct examinations for discovery, commonly referred to as “depositions”. This requires the parties to answer questions, under oath, prior to trial. The purpose is to allow the lawyers to find out what each side has to say about the case.
4. Pre-Trial Preparation
Preparation for trial usually includes service of “Requests for Admissions” [formal requests that opposing parties admit the truth of certain facts or documents]; supplemental discovery; and participation in a “pre-trial conference” [a meeting before a Judge for the purposes of exploring settlement options and narrowing issues]. The parties may request or the judge may order mediation.
Where it appears that one of the parties’ claim or defense is essentially devoid of any merit, motion for summary judgment may be appropriate. This process requires the moving party to satisfy the court, based on affidavit evidence, that there is no genuine issue for trial and that the action should not proceed further. Although the facts are rarely sufficiently obvious to pass the “no genuine issue” test, summary judgment motions can yield timely and cost-effective remedies in appropriate cases.
5. Trial
If settlement efforts prove unable to resolve a dispute, the case will be listed for trial with the court office, which will schedule a trial to take place as soon as sufficient court time is available.
The length of a particular trial will depend upon such variables as the number and complexity of the issues involved, and the number of witnesses called by each of the parties.
Filicetti Law Office P.A. serves Boise clients as a criminal defense, personal injury, and employment law firm. If you need excellent attorney representation, contact our office today at (208) 609-9059 to schedule your free consultation with an experienced and aggressive lawyer.
