Overview of the Formal Litigation Process

Filing a Complaint

• When a claim fails to resolve in the negotiation process the next step is formal litigation of the claim. A complaint is filed with the appropriate court. The complaint is the initial pleading which sets forth a claim for relief. It contains a short and plain statement of the grounds upon which the court's jurisdiction depends and a short and plain statement showing why the pleader is entitled to relief. The court will issue a summons to each defendant to answer the complaint.

Answer

• After the defendant has been issued the summons; the defendant has the opportunity to respond to the complaint, typically 20 days in Arizona. If a defendant does not file any answer, a default may be filed. If the court finds that the complaint and summons were properly filed and the time for response has passed, the defendant will be notified that a default judgment will be granted. This could result in a judgment being entered against the defendant and the plaintiff being awarded the damages.

Discovery

• The discovery period is the process of investigation when both sides are trying to get all the information concerning the facts of the incident. Arizona has very broad discovery rules, which allow each side access to basically all the other sides' information. Each side will exchange written questions called interrogatories. The parties will be subject to a deposition, which is oral testimony taken outside of court.

Arbitration

• Arizona has mandatory nonbinding arbitration for any claims valued at under $50,000.00. Arbitration is a process of dispute resolution in which a neutral third-party renders a decision after a hearing at which both parties have an opportunity to be heard. Either side may appeal from an arbitration decision and request a trial by jury.

Motions

• Before the trial an attorney for either side may make a variety of motions concerning the applicable law in the case, the evidence that can be presented or any number of issues.

Jury Selection

• It is necessary to pick a jury if your claim proceeds to trial. During this process, attorneys for both sides will ask questions of prospective jurors to select those they feel will be fair and impartial in their decision as to the real facts of the case.

Trial

• Opening Statements - The trial begins with the attorney for the plaintiff outlining the case and giving a brief preview of the proof of his claims. The attorney for the defendant then presents his view of the case and his version of the evidence concerning the case.
• Presentation of Evidence - The plaintiff is the first to present evidence. Witnesses, people who have knowledge of relevant facts or someone with specialized knowledge or training, will be questioned regarding the case. Also, any physical evidence will be presented at this time. After the plaintiff's attorney has made his presentation, the defendant's attorney has the opportunity to present witnesses and physical evidence.
• Cross Examination - After each witness has testified, he may be cross-examined by the opposing attorney.
• Closing Statements - Both attorneys present the summation of their case. This is their final attempt to influence the jury's verdict by reviewing their presentation. Usually the plaintiff's attorney argues first, then the defendant's attorney, and then the plaintiff's attorney offers a rebuttal.
• Judge's Charge - After the closing statements have been delivered, the judge instructs the jury regarding the law applicable in the case and how to apply the facts in the case to that law.

Verdict

• After the jury has received their instructions, they retire to a jury room to deliberate the outcome of the case. A foreman is selected to preside over the jury. After deliberation, the foreman will ask for a vote to determine the verdict. In a personal injury case the jury is sometimes responsible for also determining the sum of the compensation to be awarded. When a verdict is decided, the judge is notified and the verdict is delivered to the court.