Jeff Varcadipane
December 5, 2024
When people talk about what litigation is, they’re usually referring to the process of bringing a dispute to court after the other ways of resolving it haven’t worked. Litigation can be complex, involving various stages from filing a complaint to potentially going to trial. At Varcadipane & Pinnisi, P.C. we understand how intimidating this process can feel, and we’re committed to guiding you through each step with clarity and confidence.
What is Litigation?
Litigation is the process by which disputes are resolved in court. This may involve individuals, businesses, or organizations who cannot reach an agreement on their own. When one party decides to take legal action, they initiate this process by filing a lawsuit. The purpose is to resolve disputes formally, with a judge (and sometimes a jury) examining the evidence and determining the outcome. Unlike mediation or arbitration, which are forms of alternative dispute resolution, litigation places the decision-making power in the hands of the court.
Whether you are involved in a personal conflict, a contract disagreement, or a criminal matter, litigation certifies that both sides have a structured opportunity to present their case, following procedural rules designed to guarantee fairness. It is essential in enforcing legal rights and ensuring accountability when other avenues fail.
For more on the definition and significance of litigation, see this overview from the U.S. Chamber of Commerce’s Institute for Legal Reform.
Types of Litigation
There are various types of litigation, each serving a different area of law. Below are the most common categories:
- Civil Litigation: Involves disputes between private parties—individuals, businesses, or organizations. Examples include personal injury claims, property agreements, and breach of contract circumstances. The goal is usually to seek monetary compensation or specific performance rather than punishment.
- Criminal Litigation: The government prosecutes an individual or organization accused of committing a crime. The purpose here is to impose penalties, which may include fines, imprisonment, or other legal consequences.
- Commercial or Business Litigation: This involves legal disputes in the business realm, such as contract disputes, intellectual property claims, and shareholder issues. It typically focuses on financial restitution and the enforcement of business agreements.
- Family Litigation: It encompasses cases involving family matters, such as divorce, child custody, and alimony. These cases can be emotionally charged and usually require a specialized approach.
- Employment Litigation: This category involves disputes between employers and workers, such as wrongful termination, discrimination, or harassment cases, which often requires an understanding of both state and federal labor laws.
Stages of the Litigation Process
The process is divided into numerous stages, each giving both parties a fair chance to present their case.
- Pre-Litigation: Before filing a lawsuit, parties may try to resolve the dispute through negotiation, demand letters, or settlement discussions. Successful pre-litigation efforts can save time and avoid the need for court.
- Filing the Complaint: If pre-litigation doesn’t work, the plaintiff formally begins the process by filing a complaint, which outlines their claims and the relief they’re seeking.
- Discovery: During this stage, both sides collect evidence, request documents, and depose witnesses, which allows each party to assess the strengths and weaknesses of the other side’s case, and it can be a time-consuming but fundamental part of the process.
- Pre-Trial Motions: Before going to trial, lawyers may file motions to resolve certain issues. For instance, they might file a motion to dismiss if they believe there’s no legal basis for the case or a motion for summary judgment if the facts are clear and uncontested.
- Trial: If the case doesn’t settle, it moves to trial. Both sides present arguments, examine witnesses, and submit evidence. A judge or jury then makes a final decision based on the facts presented.
- Post-Trial Motions and Appeals: After the trial, the losing party may file an appeal if they believe legal errors affected the outcome. Appeals go to a higher court, which reviews the case for possible mistakes made in the trial.
How Long Does the Litigation Process Take?
The duration can vary widely depending on several factors, including the complexity of the case, the court’s schedule, and the willingness of both parties to reach a resolution. On average, civil litigation can take anywhere from a few months to various years to complete. Criminal cases, especially serious ones, may also extend over a lengthy period due to the investigation and trial phases.
The discovery stage alone can take months as both sides gather evidence and interview witnesses. Additionally, pre-trial motions and appeals can add significant time to the process. While some straightforward cases may be resolved in a matter of months, challenging cases, particularly those involving extensive discovery or multiple parties, may take years.
Contact Us for Assistance with Litigation
At Varcadipane & Pinnisi, P.C. we’re dedicated to guiding our clients through every stage, providing experienced representation and clear communication. Call us at (201) 588-1500 or contact us today for a free consultation.
Jeffrey W. Varcadipane
Jeffrey W. Varcadipane is a Certified Civil Trial Attorney by the Supreme Court of the State of New Jersey and a Founding Partner of the Firm. He handles a variety of matters including civil and commercial litigation, appellate practice, real estate, and business law.
University: J.D. Fordham Law School
Bar Number: 29472005
Locations: New Jersey, New York, and Florida.
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