Understanding the Litigation Process in Arkansas
Litigation refers to the process of bringing a case to trial. The plaintiff has a grievance and initiates a lawsuit while the defendant is the party being sued. The plaintiff usually seeks legal or equitable relief for an alleged wrongdoing.
The litigation process is typically uniform and controlled by federal and Arkansas State laws. Generally, the litigation process consists of these basic steps:
- The Incident or injury
- Choosing Representation
- Pre-Complaint Filing and Document and Evidence Gathering
- Complaint Filing
- Formal Discovery
- Mediation or Settlement Discussions
- Trial
- Judgment
- Appeal
The aggrieved party usually contacts counsel to assess their claim. This process involves a client interview and a review of any key documents. Then, if a viable claim exists, a complaint is filed. Depending on your claim, the complaint is filed in either federal or state court.
After filing, the parties engage in a process called discovery—an exchange of information generally in the form of documents and evidence. This process presents many opportunities for settlement discussions depending on the strength or weakness of your case. If the parties do not settle, a trial results.
Litigation ends once the trial court renders a decision and enters final judgment. The winning party can then collect damages or receive other remedies from the losing party—unless the losing party appeals. If an appeal is filed, the court generally stays the losing parties’ ability to collect damages or other relief. If no appeal is filed, then the losing party must satisfy the judgment. Once it is completed, the losing party must file the satisfaction of judgment with the court. This document proves the satisfaction of all court-imposed relief and signifies the end of the case.
The litigation process involves a considerable amount of work, whether or not the case actually goes to trial. The experienced litigators of The Hershewe Law Firm understand the process of litigating your claim. We succeed in even the most complex cases, but we also want you to be as prepared as possible. Understanding the Arkansas litigation process will help you be prepared, reduce your anxiety, and get ready to fight for your claim. We want you to know that we will fight for your claim too.
