FAQ LITIGATION

 What is civil litigation?

Civil litigation is a legal dispute between two or more parties in which the plaintiff seeks money damages or specific actions from the defendant rather than criminal sanctions.

 

 Do you handle business litigation?

Yes, we here at the Law Offices of Richard R. Roy are experienced in handling business litigation matters involving numerous issues, including: breach of contract, complex litigation matters, business fraud, trade secrets, etc.

 What are the stages of the litigation process?

 Pleadings stage

 Discovery stage

 Motion for summary judgment

 Mediation/arbitration

 Trial

 Judgment

 Appeal

 What is arbitration and mediation?

Arbitration is a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is usually binding. Mediation is a method of nonbinding dispute resolution involving a neutral third party who tries to help the disputing parties reach a mutually agreeable solution.

 What must be filed to start a lawsuit?

In order to file a lawsuit, plaintiff’s counsel will prepare a “complaint,” which outlines their client’s case against the defendant, describing the alleged injury or damage committed by the defendant and specifying the type of damages sought. The complaint will be served upon the defendant, along with the “summons,” which informs the defendant that he or she has been sued and sets a deadline for the defendant’s response to the complaint, which is known as the “answer,”and the defendant gives reasons why he or she should not be held liable for the plaintiff’s damages. 

 What is discovery?

The pretrial phase of a lawsuit during which depositions, interrogatories, and other forms of discovery are conducted. The primary discovery devices are interrogatories, depositions, requests for admissions, and requests for production. Although discovery typically comes from parties, courts also allow limited discovery from nonparties.

 

 Will my case include a jury trial?

Your case may have a jury trial if the parties cannot come to a negotiated settlement. The decision to have a case heard by a jury is at the discretion of the disputing parties. However, the vast majority of cases are settled prior to the commencement of a jury trial. 

 

 What is small claims court?

It is a court of limited jurisdiction in which a plaintiff may sue for damages not exceeding the amount of $7500.00. One may only represent themselves at a small claims court, although seeking advice from an attorney is not prohibited. 

 How long does a civil suit take?

It depends on the complexity of the case, but these cases often take more than a year.

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