Litigation Processes

Pre Litigation

Involves investigating the facts, collecting documents, communicating with clients, and attempting to resolve disputes before filing suit

Pleadings

• Complaint is filed stating who is suing, who is being sued, what happened, and what damages are sought 

• Summons is sent notifying the defendant they’re being sued

• Service of process is also set to the defendant, so they receive the lawsuit

• Answer given by the defendant responding to the allegations

What do LAs do during the Pleadings stage?

Legal assistants draft basic pleadings, file documents, calendar deadlines, and coordinate service

Discovery

• Both sides exchange info 

  • Interrogatories - written questions requiring written answers 

  • Requests for Production (RFPs) - documents such as emails, contracts, medical records, financial statements

  • Requests for Admission - statements the other side must admit or deny

  • Depositions - witnesses answer questions under oath before trial

What do LAs do during the Discovery stage?

Legal assistants spend most time here - organize discovery, manage exhibits, schedule depositions, coordinate court reporters, track deadlines, review and label documents

Motion Practice

• Attorneys ask the court to make decisions 

  • Motion to Dismiss - filed early, asks court to throw out claims

  • Motion to Compel - filed when someone won't provide discovery

  • Motion for Summary Judgment - argues no trial is needed because facts aren't disputed

What do LAs do during the Motion Practice stage?

Legal assistants assemble exhibits, prepare filings, file motions, coordinate hearing dates

Mediation/Settlement

Neutral third party helps parties negotiate, mediator does not decide the case, goal is to reach settlement

What do LAs do during the Mediation/Settlement stage?

Legal assistants prepare mediation binders, organize exhibits, and coordinate schedules

Trial Preparation

If settlement fails, attorneys prepare witness lists, exhibits lists, trial notebooks, and jury instructions

What do LAs do during the Trial Preparation stage?

Legal assistants create trial binders, organize exhibits, prepare witness files, and coordinate logistics

Trial Order

Jury selection, Opening statements, Plaintiff's case, Defendant's case, Closing arguments, Jury deliberation, Verdict

Post-Trial & Appeals possible actions

Collect judgment, file appeals, and post-trial motions