Litigation in the US
Rare
A combination of fact find with legal policies
An adversarial process

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Adversarial Process; an effective adverbial process requires:
Neutral arbiter
fair , effective representation of the parties
Adequate informationCivil Procedure: set of laws and rules that govern court procedure in the adjudication of civil disputes
Implement substantive rules and policies
Instill sense of fairness
Maintain efficiency
Criminal procedure: set of laws and rules that govern court procedure in the adjudication of criminal disputes

Pre-Trial Steps in Litigation
Initiate proceedings/ find an Attorney
Informal Discovery
Pleadings
Discovery
Pre-trial Conference

Initiating a Lawsuit
Will a lawyer take the case
Is it worth it to incur the costs of litigation?
Finding an Attorney
For-profit businesses. They are paid through
A flat fee for services
An hourly rate
A contingency fee
2\. Informal Discovery
The plaintiff will notify the defendant of the dispute, seek a resolution, and learn from the interaction
3\. Pleadings
Complaint
Lays basis for jurisdiction of the curt
Identifies and notifies the defendant
States the legal claim
Frames issues of fact
Defendant’s Potential Responses
Ignore and risk default judgment
Motion to dismiss
Fill an answer and perhaps provide a counter-claim
4\. Discovery Focuses and preserves recollections ad evidence
Allows assessment of the strengths of each party’s case
Sharpens the effectiveness of Trial
5\. Final Pretrial Steps
Motions: Motion to Dismiss or Motion for summary judgment
Pretrial Conference
Final preparations: narrow issues, stipulate facts

Consists of depositions, interrogatories, and requests for documents and other evidence
Advantages:
Scheduling
Settlement negotiations
The process that is synonymous with “filed a lawsuit” is the point in the pleading process that a suit has been initiated