Litigation Process

At LOWE & GRAMMAS LLP, with offices in Birmingham, Alabama, we represent plaintiffs in complex cases involving business relationships, consumer rights and personal injury. Our experienced attorneys have more than 35 combined years of success using strategically aggressive tactics to win million-dollar-plus verdicts and settlements for our clients. We look forward to the opportunity to discuss how we can use our knowledge and expertise to protect your legal rights — Please contact us today for a free consultation with one of our lawyers.

The Litigation Process

The litigation process is a step by step process taking your case from its inception to its final resolution. When considering whether to file a lawsuit, one important factor to consider is that each State has its own statutes of limitation and repose. Therefore, waiting too long to file your lawsuit could result in your case being dismissed which would prevent your potential claims from being prosecuted.

The common stages of civil litigation (your lawsuit) are:

• Pleadings
• Discovery
• Mediation
• Summary Judgment
• Trial or Arbitration

Pleadings.

The pleadings stage is the beginning of the litigation process. During this stage, the Complaint or Petition is filed by the plaintiff with the appropriate Court alleging the potential claims in which you are seeking relief. Generally, the defendants have thirty days to answer the Complaint or Petition.

Discovery.

During the discovery stage, the parties are allowed to "discover" or investigate information about the other party's case in order to prepare for trial and/or assess the possibilities of settlement. The discovery process consists of:

• Interrogatories (written questions)
• Document requests (each side can request that the other party's relevant documents are produced)
• Depositions (sworn and transcribed testimony of the other party and their witnesses)

Once the written discovery (interrogatories and document requests) is served on the other party, they generally have thirty days to respond.

Mediation.

Many cases are ordered to mediation by the Court. The Court often encourages mediation in the hopes that the case will be settled instead of remaining on the Court's docket and set for trial. The parties mutually select a mediator who will listen to both sides of the case and then work with the parties in order to persuade them to settle. Generally the parties and their attorneys attend the mediation. If a settlement is not reached during mediation, then the case will be set for trial. Even though the lawyers may continue to negotiate after the mediation, the case will be prepared for trial.

Summary Judgment.

At the end of the discovery process, the defendant parties generally file for summary judgment. Summary judgment is a request to have some, or all, of your claims dismissed based on undisputed facts or as a matter of law. The arguments are varied, however. After summary judgment, and if any issues remain, the case is set for trial and any or all of the claims asserted by the plaintiffs will be prosecuted.

Trial.

In the event a settlement is not reached prior to the trial, a jury will hear your case. The plaintiffs will present their evidence first and then the defendants will present their case. Based upon the evidence presented by each side, the jury, or in some cases a judge or arbitrator, will make a determination. Most individuals do not want to consider the time and expense involved in trying a case, however, if your case does not settle, it is a reality you must consider. It generally takes at least one year from the time the Complaint or Petition is filed before the case is placed on the trial docket.