A lawsuit, or a cause of action, normally ends in numerous ways. Many of these cases do not end up in a trial. Moreover, this is the truth of the matter with state and federal courts.
The Steps of a Lawsuit
After a plaintiff files a complaint, the defendant seeks to have it dismissed immediately on many grounds. A motion to dismiss is the process of doing this.
Grounds for Dismissal
A motion to dismiss has many grounds that are different to state and federal courts. They include improper venue, failure to state a cause of action, a lack of jurisdiction and many others. Additional grounds for dismissal can arise from different forum courts.
The lawsuit can end in other ways if it survives a motion to dismiss. They include a motion for summary judgment, settlement and trial on case merits.
Evidence and Motion for Summary Judgment
When a party feels it has enough evidence to win a case, a motion for summary judgment can be filed. Many courts view this motion as favorable. The motion presents documents, deposition transcripts and affidavits in the discovery phase.
Do All Cases Reach Litigation?
Only 10 percent of cases reach the trial stage of litigation. The judge determines the outcome. The losing party at trial can file a motion for judgment appealing to higher courts.
When a settlement is reached, litigation ends. The defendant agrees to pay the plaintiff, and the plaintiff agrees to forgo future litigation. When the defendant seeks to protect public reputation, the cases do not disclose the exact terms of the settlement.
The settlement of a lawsuit is more complex in other forms of litigation. For instance, attorneys represent large groups of plaintiffs seeking damages from an organization in a class action. For fairness, the court reviews the class-action settlement. When there are multiple defendants, complexities can arise.
The settlement is encouraged by the cost of litigation. Both defendants and plaintiffs settle for other reasons. For one reason, a litigation never ends up pleasant to both. Litigation can destroy a public reputation.
Please contact our Palm Springs litigation attorney to get more information about the end of a litigation.