LITIGATION

We can litigate your case. As former prosecutors, Juniper and Ancel know just what it takes to put on a strong trial. They can identify the best evidence to put forth. They are skilled at motion practice, among other things. They can help you identify the strengths and weaknesses of your case. Litigating a case in the courtroom requires a great deal of skill, effective communication, and ingenuity; and our attorneys can do just that.  

 

What is the typical process for litigating a case?

Litigation involves a series of steps that can vary based on jurisdiction and the nature of the case. Civil and Criminal litigation are very different. Below is a general overview of the process for civil litigation.

 

Initial Consultation:

The process begins when a client seeks legal advice and consulting from us. Our attorney assesses the case's merits, provides legal guidance, and discusses potential strategies.

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Filing a Complaint/Petition:

If the decision is made to proceed with legal action, our attorney files a formal complaint or petition outlining your claims and the relief sought. The opposing party is then served with a summons and a copy of the complaint, officially notifying them of the legal action.

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Response:

The defendant has a specified period to respond to the complaint by filing an answer, which addresses the allegations and presents any affirmative defenses. When our clients come to us as defendants in a case we will assess the merits of the claims made and then respond in the manner just described.

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Discovery:

Both parties engage in the discovery process to gather evidence and information. This may include requests for documents, interrogatories (written questions), depositions (sworn oral testimony), and other discovery tools.

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Pretrial Motions:

We may file motions to address specific legal issues before trial. Common motions include motions to dismiss, motions for summary judgment, and motions in limine to limit or exclude certain evidence.

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Settlement Negotiations:

Throughout the process, parties may engage in settlement negotiations or alternative dispute resolution methods such as mediation or arbitration to resolve the case without going to trial.

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Pretrial Conference:

The court may schedule a pretrial conference to discuss case management, set deadlines, and address any outstanding issues before trial.

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Trial:

If your case does not settle, and it proceeds to trial. Each party presents evidence, examines witnesses, and makes legal arguments. The judge or jury then decides the case based on the presented evidence and applicable law.

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Verdict/Judgment:

After the trial, the court issues a verdict (if decided by a jury) or a judgment (if decided by a judge). The judgment outlines the legal consequences and any remedies awarded.

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Post-Trial Motions:

Either party may file post-trial motions, such as motions for a new trial or motions to amend the judgment.

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Appeal:

If dissatisfied with the outcome, a party may file an appeal to a higher court. The appeals process involves reviewing the trial court's decisions for legal errors.

 

It's essential to note that legal procedures can vary, and this overview provides a general framework. The complexity and duration of each stage depend on the nature of the case and the relevant jurisdiction.