The litigation process will provide a brief overview of the civil litigation process. To receive the best representation possible, a client must be aware of the process.
- Many times, especially in small cases, claims can be resolved without the necessity of filing a lawsuit. Ron Wittmeyer and his staff will explore all avenues to ensure that you recover the restitution you deserve.
- However, it may be necessary to file a lawsuit. The first step is the filing of a Complaint against one or more Defendants with the Court. This begins the Court process, after which each Defendant must be served in order for the Court to obtain jurisdiction over each Defendant.
- The first order of business as the case gets started is to identify any other Defendants that should be made parties to the lawsuit and get those Defendants added into the lawsuit as soon as possible. Ron Wittmeyer can help an injured person identify other defendants to provide an injured party with the justice they deserve.
- Written discovery (written questions and requests for documents) are exchanged between all parties. Mr. Wittmeyer and his staff will assist you with the preparation of written discovery, including, among others, answering interrogatories, retrieving medical records, and any photographs and other documentary evidence that may be needed.
- Next, depositions of the Plaintiff and representatives of the Defendants are taken. A deposition is an oral examination by Mr. Wittmeyer or the opposing attorneys which is taken under oath and recorded by a Court Reporter. Depositions usually take place at one of the lawyer’s offices.
- The typical next step in litigation is to complete all depositions of the Plaintiff’s treating doctors and any expert witnesses. Depositions of opposing witnesses will be conducted by Mr. Wittmeyer.
- The case should now be fully prepared for trial, a trial date set, and if the case is not otherwise resolved (by settlement, mediation, or otherwise) the case goes to trial, usually before a jury.
- A jury trial of the typical injury case takes three to ten days, although more complex cases can run several weeks. Any party dissatisfied with the jury’s verdict, who can identify specific errors made at trial that under the law constitute reversible error, may file an appeal of the judgment entered in the trial court. The appeal process is started by filing a Notice of Appeal within thirty days of the conclusion of all matters in the trial court. This begins the appellate process.