Almost every legal case involves some form of litigation. Litigation refers to the rules and process lawyers go through to resolve disputes. The process generally starts with negotiations and may end up in a trial. Most litigation involves a dispute where two sides cannot reach an agreement because one side thinks they have been hurt in some manner. Litigation can involve debts, personal injury cases, and divorce. The parties hire attorneys if they cannot solve the dispute.
It is customary for attorneys to discuss legal disputes. They try to reach a resolution without going to court. In some instances, a litigation attorney in Mankato, MN writes a demand letter listing the client’s damages and stating an amount of money necessary to settle the case. If negotiations fail, a complaint will be filed, which is a document that initiates a lawsuit. It names the defendant and lists the damages the plaintiff is entitled to. Afterwards, the complaint must be served on the defendant and, in return, the defendant has thirty days to file an answer. The answer is a formal document that states the defendant’s version of the facts.
For six months after the lawsuit is filed, the parties enter into the discovery period, during which time, either party can legally learn about the other’s case. One tool that is used is the deposition. A deposition is sworn testimony of a witness before a court reporter. In fact, this testimony carries the same weight as being in court. The litigation attorney in Mankato, MN can use the deposition to impeach a witness if the testimony is different at trial. Attorneys may also file interrogatories and requests for the production of documents. Interrogatories are questions that must be answered under oath. Likewise, requests seek copies of relevant evidence.
After the discovery period, an attorney may try to have the case dismissed if they think the other side cannot prove its case. The attorney files a motion for summary judgment. Of course, the other side gets a chance to answer the motion. If the judge does not dismiss the case, the matter goes forward to trial. To learn more about litigation, visit the website Blatzlawminnesota.com.
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