What Is The Discovery Process?
There are 2 forms of discovery. Written discovery which includes the following:
- Request for disclosure (which is a minimal discovery tool),
- Interrogatories which are written questions, to which the recipient must provide sworn responses;
- Request for production, which requires the recipient to provide copies of documents or other tangible items to the requester; and
- Request for admissions. The recipient must respond to a request for admission by the either admitting the statement or denying the statement. When a party admits a request for admission, there is no need for testimony or other evidence on that issue at trial.
How Long Does A Civil Suit Take From Start To Finish?
The length of time it takes a civil suit from start to finish typically depends upon the type of case, the number of fact issues and possible witnesses, the complexity of the law and fact issues, the number of parties involved as well as the number of attorneys involved, and the discretion of the court.
What Is Alternative Dispute Resolution?
There are several alternative dispute resolution methods. Typically, the courts require parties to attend an alternative dispute resolution methods before attending trial. Mediation is the most common. However, there is also arbitration which may be either binding or nonbinding.
What Is Arbitration?
Arbitration is an alternative dispute resolution format wherein the arbiter (a non-interested third party) makes the final decision as to the outcome of the facts and law for the parties.
What Is Mediation?
Mediation is an alternative dispute resolution format wherein a non-interested party (mediator) assist the parties in resolving the matter agreeably.
What Factors Do You Look At When Deciding How To Move Forward Toward A Resolution In A Civil Litigation Case?
Generally, the resolution of the matter is a function of 3 factors.
- How strong is the law which is the basis of the plaintiffs or defendant’s claims or defenses?
- How strong are the facts to support the plaintiffs or defendant’s claims or defenses?
- What will it cost at each level of the litigation, cost of discovery, the cost of alternate dispute resolution, cost to take it to and through trial.
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