What Is Litigation All About?
Litigation means the process of taking action against something and, in simpler words, taking a matter to court. Commercial or employment disputes, as well as marital affairs, can also be resolved by litigation.
Apart from that, personal injury claims or claims against the state can also be resolved through the litigation process. If two parties do not agree to come to the middle ground, then they can individually take a case to court. If you are unaware of what litigation is, this article is the one for you. Let’s continue reading this article to find out.
Issue of Proceeding and Filing of Defense
According to the legal procedure, the claimant will need two documents for filing the case. One is the claim form, which has the parties’ names and the tiniest details of the case. Another thing is a statement of the case, which is the full detailing of the case filed. Any litigation lawyer Adelaide can affirm that the technical term of this is pleading that contains the claim documents, the defense, i.e., plea, and the reply to the defense.
Objection to Claim
Objections can be raised against the claimant if the fact pleaded in the statement contradicts the action mode. If the court in which the case has been brought is not under the jurisdiction, then also objection can be claimed. These objections are resided by some legal notice to the client.
The pleaded facts will either be admitted or denied. A defendant can add additional factual information to the claim, and a claimant may give a reply to the defense to deal with the words of the defendant.
Legal conversations should always be narrow, compact, and easy to understand. Getting thorough knowledge about the fact and what should be said in the trial is an important pre-trial event. Disclosure of all the documents relevant to the case to the opponent is also important. Evans Testa Barristers And Solicitors suggest, before the trial, exploring all the feasible possibilities of settlement.
This is the main legal ground. This occurs in open court, where the judicial officer listens to all legal problems. The court administrator sends both parties some notices about the date, time, and days of trial. The legal representative ensures they are ready with everything the prosecution requires, including crucial documents and witnesses.
After hearing all the evidence relevant to the cases, judgment is the final call. On judgment day, the court will convey its decision to everybody. Every detail of the legal conclusion will be documented. The judgment also decides which party should pay the cost of litigation.
If parties are unsatisfied with the court’s decision, they can take the case to a higher court for true justice. The appeal court will not interfere with the findings of the previous court but can disagree with the decision made by the judge earlier. Here, the judge can alter the conclusion made by the previous judge.
Litigation, indeed, is an expensive procedure. The cost includes administrative fees payable to the ministry and the fee of the legal representative. Altogether it is costly.
If you want to get rid of some legal issues, then this article may be helpful for you to understand what litigation is. You can get in touch with Evans Testa Barristers And Solicitors to know more.