What Is Litigation? An Overview

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America is a litigious nation. Every year, over a million cases go before state trial courts and about 400,000 more in federal courts. Now the question is, what is litigation?

If you’re like most people, the word “litigation” probably doesn’t mean much to you. It’s a legal term used in almost every industry, but few people know what it means.

In this blog post, we’ll discuss what litigation is and provide an overview of the process.

What Is Litigation?

Litigation is a legal process used to resolve disputes between two or more parties. It’s often used as a last resort after all other dispute resolution methods have failed. The litigation process involves filing a lawsuit in court and arguing your case before a judge or jury.

If you’re the defendant, you’ll likely try to get the case dismissed or at least reduce your liability. If you’re the plaintiff, you’ll need to provide evidence that supports your claim.

Litigation disputes can be expensive and time-consuming, so it’s essential to weigh all of your options before deciding whether or not to pursue a lawsuit. You should also consult with a litigation attorney to get a better understanding of what you’re up against.

What Is the Litigation Process?

The litigation process can be broken down into five steps. Once you consult with a law firm, you’ll have a better understanding depending on your case.

Filing a Lawsuit

To file a lawsuit, you’ll need to submit a complaint to the court. The complaint is a document that outlines the facts of your case and what you’re asking for in relief.


Discovery is the process of exchanging information between the parties. This can include depositions, interrogatories, and document production.

Pre-Trial Motions

Pre-trial motions are filed by both the plaintiff and defendant to get the case dismissed or limit what evidence can be presented at trial. A professional litigation law office can come in handy here.


If the parties can’t reach a settlement, the case will proceed to trial. The plaintiff will present their case first, followed by the defendant. After both sides have had a chance to make their arguments, the judge or jury will render a verdict.


If either party is not happy with the trial’s outcome, they can file an appeal. This is a process that allows them to take their case to a higher court to get a new ruling.

What Are the Costs of Litigation?

The litigation costs can be expensive, and they vary depending on the legal issues you’re dealing with. Attorney fees, court filing fees, expert witness fees, and deposition costs can all add up quickly.

Moreover, the parties may also be required to pay for their own legal representation. This can be a huge expense for businesses or individuals who are involved in a lawsuit.

Should I Pursue Litigation?

There are many factors to consider when deciding whether or not to pursue litigation. You should weigh the costs and benefits of going to trial against the other options available to you.

You should also consult with an attorney to get a better understanding of what you’re up against. They can help you make an informed decision about whether or not to pursue a lawsuit.

What Are My Other Options?

If you’re considering litigation, there are several other options available to you. The first is mediation, where the parties meet with a mediator who helps them reach a settlement. The second is arbitration, where the parties present their case to an arbitrator who renders a decision.

You can also decide to negotiate a settlement outside of court. Each option has its own pros and cons, so you’ll need to weigh them all before making a decision.

What Is Litigation? A Short Guide

What is litigation? As you can see, the litigation process can be complex, and it’s vital to have an attorney who can guide you through it.

If you’re considering filing a lawsuit, be sure to weigh all of your options and find the best solution. For more informative content, please continue reading our articles on NYK Daily.

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