Trials and Litigation
The beauty of our judicial system is that it provides a way for persons to have their disputes resolved in a fair and peaceful manner. An example of what happens when this dispute resolution process is unavailable can be seen in Mexico today. There, the drug cartels resolve their disputes through violence and threats of violence. Over 47,000 persons have died in that country since 2006, as a direct result of this lack of access to the courts.
Whenever a person or business is sued, the dispute will have a procedural beginning and an end. Once the law suit is started, usually through personal service by a sheriff’s deputy, an ANSWER must be prepared. After that the parties can engage in discovery. This part of the process is where the attorney investigates the other side’s evidence. This can be in the form of written questions (interrogatories), Request for Documents, and even the taking of under oath answers at a witness deposition. Once the discovery process is completed, then the case is ready for trial to either a Judge or Jury. That is also the time when negotiations are most likely to succeed, because each side should have learned the strengths and weaknesses of the opposing case.
If no compromised settlement can be reached, the case then proceeds to trial. In civil cases, the case can be tried to a six (6) person jury or to a Judge
The Pottratz Law Office has represented clients in litigation matters since 1976. These include personal injury cases, negligent death cases, and other civil actions such as marriage dissolutions, Restraining Orders and Orders for Protection. Any time a matter is placed in litigation the process described above will apply.
Contact us today to set up a no-cost consultation.