What Happens After the Court Has Scheduled Your Lawsuit?
If you were harmed by another party and sustained damages, you may be able to make a civil claim against them and recoup the losses you suffered. Likewise, if another party alleges you harmed them and they sustain losses, they would have the same ability to file a civil claim against you.
Usually, negotiations during the civil claims process allow for an agreement to be made and a settlement to result, which will close the claim. But sometimes, it is very difficult to agree, and a settlement does not come. When this happens, it often means a lawsuit will be filed, and the case will enter into litigation.
The plaintiff pursuing the lawsuit will file a complaint with the appropriate court. The court will issue a summons that tells the defendant that the legal process has begun and they are being sued. The defendant then has an opportunity to respond to the complaint. After all of this, the court moves forward and schedules the case.
Civil litigation can be complex and many steps may have to be worked through before a suit is concluded. To improve the chances of obtaining the most favorable outcome, please call a Portland personal injury attorney at Rosenbaum Law Group.
Steps in Litigation
The court will issue a timeline for the case and also outline each of the steps that are possible for the case. These include:
Discovery
The information gathering portion of a lawsuit is where each side is given a chance to collect the evidence they need to support their position. Facts and information can be collected through interrogatories, subpoenas, depositions, or requests to produce. Sometimes, during this phase of a lawsuit, enough information is amassed so that either side can determine whether continuing to court or finding an alternative resolution would be the best option.
Preparing For Trial
There is much to do before the trial date. Lawyers will use their evidence to build their case and strategy, and they can also file motions. A motion can result in the court making a decision regarding the case.
Trial
The date comes to pass, and a trial is held. Both sides argue their positions, and a judge or jury decides the ultimate verdict.
Appealing the Court’s Decision
An appeal may be possible if an undesirable outcome to a case is determined. But, only if there was some type of error made during the original trial would an appeal be possible because an appeal is not a chance for a case to have a second trial. Appealing is a complex process, but a successful appeal could result in an overturning of a court’s decision or a portion of it. Another potentially positive result would be the determination of the lower court after the appeals court sends the case back to them.
Speak to an Oregon Civil Litigation Attorney Today
Litigation can take a lot of time to come to a conclusion and the final outcome is never guaranteed for either side. The whole process is highly complicated which is why working with an attorney can be advantageous.
For assistance with a lawsuit in Oregon, please call our Portland, OR, civil litigation law firm at Rosenbaum Law Group today at (503) 288-8000 to schedule a free consultation with an experienced attorney.