What is the civil litigation process like?

Civil litigation is a multi-step process that includes a complaint, an answer, discovery, trial, and post-trial motions. It also may involve an appeal.
The pleading step begins the process and involves the plaintiff filing a complaint and the defendant filing an answer. The discovery step is essentially the gathering and exchange of evidence. This usually includes written requests for information and depositions of the parties and witnesses, if necessary. The trial, if the case reaches trial and does not end in an out-of-court settlement, is the portion of the process when both sides argue their case in front of a judge or jury. And post-trial the losing party may file an appeal.

What is a trial process?

Most people think of the trial process as arguing a case in front of a judge and jury in a courtroom, but it is actually far more detailed than that. It includes several steps, such as:

• Pleading: complaint, answer, and motions
• Pretrial: discovery, including written questions and depositions.
• Trial: jury seating, testimony from plaintiff and defendant
• Conclusion of trial: closing arguments, judge's charge to the jury, deliberations, announcement of verdict
• Post trial, motions for a new trial or appeal

How do you contest a will in probate?

Contesting a will can be a complex process, so it is important to work with an attorney who understands the laws and procedures in your state. Before you can move forward, you must have provable grounds for contesting. It is a legal process, and like most legal processes, it takes time.

Can There Be Litigation when there is a Trust?

Yes, litigation may be necessary even when there is a trust in place with assets. Those who are the beneficiaries under the trust might bring litigation to determine whether or not the trust was signed by the deceased person when he or she had capacity to enter into such an agreement. Trusts are legal documents and must be signed by a person of sound mind and who is not under duress.