National Capital Legal Services provides an extensive range of litigation services on both the national and international level. Our representation extends to both the state as well as federal level whether it is a trial or an appeal. We represent clients in courts of New York, Washington D.C., Commonwealth of Virginia and Maryland.
Litigation is the broad and encompassing term that describes the process of preparing and presenting a case at trial. While most often, litigation is used in reference to a trial, this process also includes garnering information in preparation for a case, negotiation, and settlement. Through litigation, individuals and businesses alike resolve a variety of disputes ranging from insurance payouts to trademark questions to naming rights and contractual disputes.
With countless legal issues being litigated in today's courts, it is important for businesses and individuals to understand the critical points of the litigation process. Before getting into litigation turmoil, attorneys at National Capital Legal Services will assist you in understanding of some basic ideas of how the process of filing pleadings, obtaining discovery, and seeking summary judgment shape the litigation process and how cases can be won, lost, and ultimately resolved before they go to trial.
Pleadings are an essential component of litigation. Pleadings set forth the initial claims, allegations, and defenses to factual and legal issues to be brought before the court. These documents also help to narrow and define the issues that will ultimately be litigated. Pleadings must be carefully written, and at times, revised to properly establish a party's legal claims.
Discovery is the heart of the litigation process. It encompasses the process of obtaining pertinent information through the exchange of documents, testimony, and related information between litigating parties. Founded upon a longstanding policy that the search for truth be aided by supporting documents and live testimony, discovery allows each party to learn about and analyze facts that may support (or weaken) its case.
Summary judgment is a pre-trial motion where a party seeks a decision on one or more issues in the case, thus making a trial unnecessary. Under Rule 56 of the Federal Rules of Civil Procedure, summary judgment will be granted if there are "no genuine issues of material fact." If granted, the moving party is entitled to judgment as a matter of law. The basic idea behind summary judgment is that issues based on undisputed facts do not require a trial. If the facts are undisputed, there are no issues for the jury to decide, and the court can issue judgment based on the facts set forth in the pleadings.