What is Litigation?
As a fundamental procedure in the labyrinth of legal intricacies, litigation serves as a crucial process in settling dissensions and disputes. It refers to any activities before, during, and after a lawsuit to enforce a legal right. Unlike common misconceptions, litigation isn’t merely confined to the inside of a court room. In fact, the litigation process starts even before the filing of a lawsuit.
Present at the heart of the legal sphere, litigation operates under a complex system of procedural laws and involves distinctive steps such as pleadings, discovery, trial, settlement, and appeal. This strategic process allows resolving issues and contributes to the maintenance of a fair justice system.
Let’s dive deeper and unravel the detailed understanding of litigation.
Pleadings Stage
This is the initial stage where the parties involved lay down their respective narratives. The basis of the dispute is established through pleadings where the plaintiff files a complaint, and the defendant responds with an answer.
Discovery Stage
Discovery is an in-depth investigation stage. It is a pre-trial phase in which each side investigates what the opposing side’s legal claims and defenses are. Here, crucial information is exchanged which can become the cornerstone at the trial stage.
Trial Stage
At this stage, both parties present their case in court. The judge or jury evaluates the argument, the authenticity of the evidence, and then delivers a verdict.
Settlement and Appeal
Often cases do not even reach the trial stage and are settled outside of court. Parties may agree for a settlement in order to avoid the time, cost, and risk of a trial. However, if any party disagrees with the court’s verdict, they have the right to appeal in a higher court.
While litigation can be a daunting process, the presence of experienced attorneys can alleviate much of the burdens associated with this intricate process. For instance, strata disputes, a common occurrence often require focused legal assistance. Strata Lawyers Sydney provide such specialized services. They bring in-depth knowledge of strata laws, enabling a comprehensive addressing of the issues in contention.
In conclusion, litigation is a strong method to resolve disagreements, whether it’s an individual disagreement, a corporate issue, or even broader societal disputes. Although it’s a complex, often time-consuming process, it is vital in ensuring that justice is served. While pursuing litigation, having a competent legal counsel like Strata Lawyers Sydney can prove monumental in achieving a fair and satisfactory verdict.