A summary of trial process

The first step in the process of bringing the case to trial is the filing of a complaint or demand for retraction, followed by the filing of the actual suit and the defendant being served.

After this comes discovery, in which both the plaintiff and defendant’s attorneys investigate the case and gather documents, statements, and witnesses. Depositions, interviews under oath, are taken by the attorneys of both sides.

This continues to a mediation period in which settlements outside of court may be considered. The pretrial process may take several years before the case reaches trial.

If a settlement is not reached, the trial will go ahead to court, with a jury selection or judge appointed and a trial with statements and testimony followed by a verdict and the awarding of damages.

Assuming a loss at trial, the possibility exists to file an appeal to a district court based upon the way the trial was conducted. This will extend the case by several years more, and the appeals court may choose whether to hear the case at all.

If the appeals court hears the case and finds for the appellee, the only remaining option is appeal to the Supreme Court, which will extend the case even further with the same possibilities of outright rejection.

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