Litigation: What It Is and How It Works

Litigation is the process of resolving a legal dispute through a court of law. It is a complex and often time-consuming process, but it can be the only way to obtain justice when other methods of dispute resolution have failed.

Types of Litigation

There are many different types of litigation, but some of the most common include:

  • Civil litigation: Civil litigation is used to resolve disputes between individuals or organizations. It can involve a wide range of issues, such as breach of contract, personal injury, and family law matters.
  • Criminal litigation: Criminal litigation is used to prosecute individuals who have been accused of committing crimes. The government is the plaintiff in criminal cases, and the defendant is the person who has been accused of the crime.
  • Administrative litigation: Administrative litigation is used to resolve disputes between individuals or organizations and government agencies. It can involve a wide range of issues, such as employment law, environmental law, and immigration law.

Steps in a Litigation Case

A typical litigation case goes through the following steps:

  1. Pleadings: The first step in a litigation case is for the plaintiff to file a complaint with the court. The complaint sets out the facts of the case and the legal claims that the plaintiff is making against the defendant. The defendant then has the opportunity to file an answer to the complaint.
  2. Discovery: Once the pleadings have been filed, the parties begin the discovery process. Discovery is the process of exchanging information about the case in order to prepare for trial. This process can involve a variety of methods, such as interrogatories, requests for production of documents, and depositions.
  3. Motions: During the discovery process, the parties may also file motions with the court. Motions are requests that the court make a ruling on a particular issue in the case. For example, a party might file a motion to dismiss the case or a motion to compel the other party to produce certain documents.
  4. Trial: If the case does not settle before trial, the parties will go to trial. At trial, the parties will present their evidence to a judge or jury. The judge or jury will then decide who wins the case and what relief, if any, the plaintiff should receive.
  5. Appeals: If either party is unhappy with the outcome of the trial, they may appeal the decision to a higher court. Appeals are typically based on errors of law that were made by the trial court.


Litigation can be a complex and expensive process, but it can also be the only way to obtain justice when other methods of dispute resolution have failed. If you are considering filing a lawsuit, it is important to consult with an experienced attorney to discuss your case and your options.

Additional Tips for Writing Litigation Articles

  • Be clear and concise. Legal writing can be complex, but it is important to write in a clear and concise manner so that your readers can understand your argument.
  • Be objective. Legal writing should be objective and unbiased. Avoid using inflammatory language or making personal attacks.
  • Support your arguments with evidence. Legal writing is heavily reliant on evidence. Cite to relevant statutes, case law, and secondary sources to support your arguments.
  • Proofread carefully. Before you submit your article for publication, make sure to proofread it carefully for any errors in grammar or spelling.

I hope this article has been helpful. If you have any further questions about litigation, please consult with an experienced attorney.

Posted in Law