At Revolution Law Group, we often meet with people who have a dispute of some sort with another person or business. Everyone knows we have a court system that exists, in part, to help resolve disputes between private parties. But the actual process of dispute resolution is opaque to many, especially those who have never been involved in a lawsuit. This month we have the first of a series of articles that will discuss the various stages of litigation in the hopes of bringing some transparency to the process and help you make good decisions concerning your dispute resolution options.
This first article provides a general overview of the basic stages of dispute resolution and will serve as a roadmap for articles to come.
Pre-Litigation: Storm Clouds Ahead
The first stage of a dispute is recognizing that you have a problem. Whether you believe you have a claim against another party, or whether you believe that party may have a claim against you, it is important to identify what the dispute is.
Claims typically fall into three categories, all of which will be discussed in more detail in later articles:
- Contract Claims: Disputes arising from agreements or contracts.
- Tort Claims: Cases involving personal injury, property damage, or negligence.
- Statutory Claims: Violations of specific laws or regulations.
Preparation is key during this stage. Start by gathering evidence to support your position, such as documents, emails, or witness statements. Consulting with a qualified attorney will be invaluable during this stage to make sure you are prepared and that you do not miss any important deadlines.
The Case Begins: Choosing Your Battlefield
Once you have decided to proceed, the next step is filing the lawsuit and obtaining proper service on the defendant. The plaintiff initiates the lawsuit by filing a complaint, which is a statement of the allegations that the plaintiff has which form the basis of the claims against the defendant. The complaint must be filed in a court that has the power to decide the matter, called subject matter jurisdiction. The appropriate court depends on the nature of the claim and the amount in controversy:
- Federal Court: For cases involving federal law or disputes between parties from different states with significant monetary stakes.
- North Carolina District Court: Handles smaller claims with amounts in dispute up to $25,000.
- North Carolina Superior Court: For larger claims where the amount in dispute exceeds $25,000.
- North Carolina Business Court: A special Superior Court in North Carolina that Specializes in complex business disputes.
Once filed, the complaint must be properly served to the opposing party. All of these concepts – the complaint, proper forum, subject matter jurisdiction, and service will be discussed in future articles.
The Defendant Responds: Motion to Dismiss
Once the lawsuit is filed, the defendant may file a motion to dismiss. The motion to dismiss states, in general, that even if everything in the plaintiff’s complaint is true, the plaintiff still does not have a claim against the defendant. A successful motion to dismiss can end the case entirely at an early stage. There are several grounds for moving to dismiss, each of which will be discussed in detail in future articles, but may include for:
- Lack of jurisdiction.
- Issues with the process (e.g., improper service).
- Failure to state a claim upon which relief can be granted.
The Battle Joined: Defendant’s Answer to the Complaint
If the case moves forward, the defendant must file an answer to the complaint. This document outlines their response to the allegations and may include:
- Affirmative Defenses: Legal reasons why the plaintiff’s claim should fail.
- Counterclaims: Claims the defendant may have against the plaintiff.
The answer sets the stage for the issues to be litigated.
Discovery: Finding the Truth
Discovery is a vital phase where both parties exchange information to build their cases. This process includes:
- Written Discovery: Interrogatories (written questions), requests for production (documents), and requests for admission (statements to confirm or deny).
- Depositions: Oral testimony under oath, often used to gather information from witnesses or parties.
- Expert Discovery: In cases requiring specialized knowledge, experts may be involved to provide opinions or analysis.
Discovery ensures that both sides have access to the evidence needed to support their claims or defenses.
Mediation: Can’t We All Just Get Along?
Mediation is an alternative form of dispute resolution where a neutral third party facilitates negotiations between the parties. In North Carolina, mediation is typically required before trial. It provides an opportunity to resolve the dispute without the time and expense of a trial.
Dispositive Motions: The Truth Is Indisputable
Before trial, parties may file dispositive motions, such as motions for summary judgment. These motions ask the court to decide the case based on the evidence presented, without the need for a full trial. If the court determines that there are no questions of fact that a jury needs to decide, it can enter judgment without a trial.
Trial: When All Else Fails
If there are still questions of fact to be determined, the case will proceed to trial and be heard before a judge or jury. The trial involves presenting evidence, examining witnesses, and making legal arguments. The outcome will result in a final judgment.
Appeal: The Last Resort
After the trial, the losing party may appeal the decision to a higher court. Appeals focus on legal errors made during the trial rather than re-litigating the facts.
Coming Articles
Over the next several months, we will publish additional articles that will flesh out the topics mentioned above. If you have any questions about a potential or existing lawsuit, please do not hesitate to contact us. We are ready to help you!
Revolution Law Group is located in Greensboro, NC, and serves individuals and small businesses throughout the Triad and surrounding areas. To contact us please visit Revolution.law or call 336-333-7907.
The information included here is for informational purposes only, is not exhaustive of all considerations when creating documents, is not intended to be legal advice, and should not be relied upon for that purpose. We strongly recommend you consult with an attorney and do not attempt to create your own documents.