Book Opener

Figure 2.5The Litigation ProcessAvoiding LitigationLitigation may be avoidedby compromise, mediation,or arbitration.In a civil case, the steps in a lawsuit appearstraightforward. However, there are manypoints at which the process can be delayed.Commencing an ActionCommencement of theaction occurs when acomplaint is filed anda defendant is served.Answers, counterclaims,cross claims, and thirdpartycomplaints mayalso be involved.Preparing for TrialTrying the CasePretrial procedures include discovery1 , pretrial motions 2 , andpretrial conferences.Executing a JudgmentCases that are tried may involvejury selection and proceed toa trial, verdict, and judgment.Appeals must involve a legalerror made at trial.The judgment is executedafter it’s delivered. A writof execution may beneeded.(1) Discovery may involve depositions,interrogations, and request for real evidence.(2) Motions, if granted, may end the case;the losing party may appeal.Chapter 2: The Court System 39