General

Before and During Trial

Pretrial Conferences: Typically, there are several hearings in the weeks before the trial where the judge and attorneys will work to narrow issues for trial, discuss witnesses and exhibits, and draft a "Pretrial Order" that serves as both a set of rules and an outline for the trial.

Discovery Tools - Request for Admissions

Many states have a procedure sometimes known as a Request for Admission, where if formally asked about some fact(s), a party can admit the truth of it. The purpose is to save time, although to an outsider, it may look like a complete waste of time.

Discovery Tools - Motions

Whenever a party wishes to request something from the judge during the case, such as a clarification or limitation, they can file a motion in accordance with the rules specified in their state’s civil procedure statutes. This is the way of getting the judge to take notice of the problem, and asking for a judicial ruling.

Discovery Tools - Interrogatories

Interrogatories are some of the most basic tools used to find out information from another party. State and federal law usually set the number of interrogatories that can be asked and for which answers are required.

Discovery Tools - Hearings

Hearings are meetings with the judge, usually in open court and most often "on the record," which means a recording is made to avoid disputes. Many hearings are made under oath. Usually hearings occur on motion made by one party or another, but sometimes the judge can summon both parties to a hearing in an effort to resolve some problem regarding the case.

Discovery Tools - Dispositive Motions

One of the least understood elements of a case, especially to a Plaintiff, are motions that appear to never let the Plaintiff "tell his case to a jury" and result in the case being dismissed without a trial. Understanding these can help to decide whether to become involved in a lawsuit in the first place.

Discovery – Tools Deposition

A Deposition is a discovery tool where the parties and key witnesses are summoned to the office of an attorney or other location, and under penalty of perjury, asked a number of questions related (and sometimes unrelated) to the lawsuit. These depositions can be excruciatingly difficult for the party being asked the questions.

Appeals

If you are the Plaintiff or the Defendant and you lose, you are often entitled to appeal. However, attorneys have often heard persons claim "they would appeal to the Supreme Court." You need to check the law in your state, because some states do not even allow appeals, others only allow the Defendant to appeal. The court clerk will have a copy of the Appeal Rules for your jurisdiction.

Discovery, An Introduction

Discovery is much of the process in any lawsuit. It is the term that describes what is supposed to happen between the filing of the lawsuit and the trial. The purpose is for each side to "discover" all of the facts and information that the other side has to either prove (Plaintiff’s claims) or disprove (Defendant’s case) the statements or allegations in the Petition.

After Trial

Collection: Winning your case in court is often only 10% of the problem in recovering your money. Many people, even after losing in court and being ordered to pay another person some money, still do not pay.

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