Life of a Civil Litigation Lawsuit

The discovery phase is the fact-finding portion of the case during which both parties gather evidence to support or defend the claims at issue. Typically, the length of time permitted for discovery will be set by the judge during a scheduling conference after the pleading phase of a case is complete.

There are three forms of discovery:

• Written Discovery Requests
• Depositions
• Inspections

• Requests for Admission: require a party to admit or deny statements received from the opposing party.
• Interrogatories: require the receiving party to provide written answers to questions under oath.
• Requests for Production or Inspection: provide a party with the opportunity to request documents or electronically stored information from the opposing party, or to inspect various tangible or real property in the possession of the opposing party.

A deposition is a legal process during which an attorney may question a witness or the opposing party under oath, typically at the office of one of the attorneys. A court reporter will transcribe the deposition.

Sometimes the subject of a lawsuit makes it important for the parties to be able to perform inspections. For example, it may be important to inspect a property, a workplace, or evidence.

If the material facts of a case are not in dispute, and the parties disagree only on the legal aspects of a case, either party may request that the judge resolve the case prior to trial by filing a motion for summary judgment.

If a party wants to ask the court to grant summary judgment, it will need to file a motion. If a motion for summary judgment is filed, it must be filed with a sufficient written argument and supporting evidence to allow the court to appropriately address the issue. The non-moving party will be provided with an opportunity to file a written argument in opposition to the motion. In most cases, the moving party will also be provided with an opportunity to file a written reply argument after receiving the non-moving party’s opposition.

• Responsive Briefing: After the opening motion and supporting brief is filed, the court will typically set a briefing schedule, which allows the non-moving party to respond to the moving party’s motion, and for the moving party to reply to the non-moving party’s response.
• Oral Argument: Some courts will provide an opportunity for the parties to make oral arguments in support of their motions. Other courts will decide the motion based on the written argument. You will need to check the rules for the particular court in which your case is pending to figure out which will occur in your case
• Decision: After the court has received all of the arguments, it will issue a decision. Occasionally that decision will be issued orally from the bench, but more often the court will issue a written decision explaining why it decided the way that it did.

The most common form of ADR ordered by judges in Wisconsin is mediation. When this occurs, the court will set a date by which the parties must complete such efforts. The court cannot require a party to accept any particular settlement or mediated proposal, that is left to the discretion of the parties.

The parties may choose to engage in settlement discussions to resolve the dispute before trial. The vast majority of cases are settled before trial.

• Jury Trial: During a jury trial, all questions of fact are decided by a jury, and questions of law are resolved by the judge. Whether a trial by jury is permitted will depend on the types of claims involved in a lawsuit.
• Bench Trial: During a bench trial, the judge will resolve all questions of fact and law.

• Opening Statement: the parties are permitted to give an opening statement regarding the evidence they anticipate will be presented during the trial.
• Case in Chief of the Party with the Burden: The party that has the burden of proof — usually the plaintiff — will go first. During this time, this party will be permitted to call witnesses to support its case, and the opposing party will be permitted to cross-examine those witnesses.
• Case in Chief of the Party without the Burden : The party without the burden of proof — usually the defendant — will be permitted to call any witnesses it desires to support its case. The opposing party will be permitted to cross-examine those witnesses.
• Closing Argument: After the case, each party will be permitted to make an argument, based on the evidence that was presented, as to why it should prevail.

At the end of the case the judge or the jury will decide which party prevails, and the court will enter a judgment.

Following judgment, the parties may file post-trial motions in an attempt to correct errors made during the trial or errors in the judgment entered by the court.

If you do not receive the result that you desired at trial, in most jurisdictions you will have the opportunity to appeal to a higher court. Pay careful attention to the deadlines for this stage — they’re commonly very short.