What is Litigation?
- Jul 15
- 5 min read
Litigation is the formal process of resolving legal disputes through the public court system, most often through the federal or state courts. Litigation is governed by civil laws, namely the Federal Rules of Civil Procedure in federal court, or the Kentucky Rules of Civil Procedure in Kentucky state court. For those considering Lexington Kentucky law firms, understanding the litigation process can help you make informed decisions about how to approach a legal dispute.
While some people think that litigation means going to trial and arguing a case in front of a judge or jury, this is a common misconception. In fact, less than 5% of civil cases actually end up in a trial. Trials can be costly and time-consuming, and have no guarantees of results, and the vast majority of cases are resolved or settled before needing to go to trial. Parties are often more willing to compromise in order to reach a settlement than risk getting an unfavorable outcome from a judge or jury.
However, just because a case settles before going to trial does not mean that litigation is unnecessary. Litigation is a step along the way that helps to encourage settlement through formal dispute mechanisms. Some examples of situations that may require litigation include:
contract disputes
personal injury disputes
property and real estate issues
business and commercial conflicts
family law disagreements
Your Lexington KY lawyers at EMWN Law are here to help you discuss your options and find the best solution to fit your litigation needs.
Key Steps of Litigation
Litigation typically begins with pleadings. This is the first stage in a lawsuit that frames the dispute for the court and communicates the parties claims and defenses. Typically, the very first document filed in a lawsuit is a complaint, a pleading filed by the plaintiff, which describes the plaintiff’s version of the facts, the claims the plaintiff is alleging, and the relief that they seek.
The defendant will then answer the plaintiff’s complaint and either admit or deny the charges the plaintiff claims. Usually, the defendant will try to explain to the court why the plaintiff is incorrect with their allegations or will not prevail.
The defendant can also file a counterclaim, which alleges the plaintiff harmed the defendant in some way and requests damages. If this happens, or if any new allegations are raised by the defendant, the plaintiff is entitled to file a reply to answer these allegations. The parties may also file motions–formal requests to the judge to make a ruling or order–throughout the course of litigation.
The defendant will typically file a motion to dismiss early on in the case, requesting the court dismiss the case. For anyone comparing Lexington Kentucky law firms, understanding these stages can make it easier to evaluate what type of legal representation and guidance may be appropriate.
Next, the parties will participate in discovery, where they seek to uncover the full story of what happened through receiving information from each other. Discovery is a very long process and can only take up to two years. Under federal and Kentucky laws, a party is free to obtain any non-privileged matter relevant to the subject of litigation and the parties’ claims or defenses.
Discovery can include written questions called interrogations, formal requests for admission of the truth of certain facts or documents and their application to the law, requests for production of documents for inspection, or depositions (witness questioning under oath). During discovery, parties might file motions to compel production of discovery documents, motions for protective orders, or motions for sanctions if a party is refusing to cooperate with discovery rules and agreements.
At the conclusion of discovery, the parties can file motions for summary judgment, where the moving party (the one filing the motion) asks the judge to decide part or all of the issues in dispute in the party’s favor after reviewing the evidence. Summary judgment is granted only if the moving party can show there is no genuine dispute of material fact on the issue and they are entitled to judgment as a matter of law.
This means that judges may grant motions for summary judgment when a party has shown there really is not an issue up for debate, and so there is no point to go to trial when a reasonable jury could not make a finding different than what the judge already has. When summary judgment is granted on an issue, that issue is immediately concluded and judgment is entered for the movant.
However, if only part of the issues in the case are resolved via summary judgment, the rest will still go to trial for resolution. The odds of prevailing on a summary judgment motion vary greatly depending on if you are the plaintiff or defendant in the suit and what type of case you have, as some are more likely to resolve at the summary judgment stage than others.
The vast majority of cases are resolved before ever making it to trial, most often by a motion to dismiss, motion for summary judgment, or by the parties settling. Parties may settle at any time during litigation and a settlement concludes court proceedings. Settling is often quicker, faster, and has a more controlled outcome that is favorable to the parties. When considering Lexington Kentucky law firms, it is important to choose a firm that can help you navigate these options and work toward an effective resolution.
Why is Litigation Important?
As other Lexington Kentucky law firms will tell you, litigation is important because it provides a formal and enforceable mechanism to protect legal rights and resolve disputes. Oftentimes, legal issues become too complex and negotiations break down between parties, creating a need for an impartial third party, a judge or a jury, to help make a decision for the parties.
Opposing parties often opt to seek litigation when they cannot reach a mutual agreement on their own. A judge or jury decides a final and binding result, called a judgment, which guarantees an enforceable resolution of the dispute for all parties involved. Litigation is also important because courts have formal rules and precedents that streamline the process of dispute resolution, rather than leaving it up to the parties to negotiate and argue without any guidelines.
Recently, actors Justin Baldoni and Blake Lively were involved in an eighteen month legal battle regarding sexual harassment claims, where Lively first sued Baldani who then filed a countersuit against her. The judge granted a motion to dismiss all of Baldoni’s claims and most of Lively’s claims before the two agreed to settle their dispute.
The parties likely decided to pursue litigation because due to high emotions and the severity of the situation, they could not settle their disagreements on their own without a formal process including a judge or jury. Once the judge dismissed the bulk of each party's claims, it became more possible for the parties to come together to find a beneficial solution that did not have to address any unnecessary and meritless complaints filed by either party. Without litigation, it is very possible that the parties would have taken much longer to resolve their dispute and would have had a hard time coming to an agreement.
Litigation is a very important process for resolving difficult and complex disputes and encourages an enforceable resolution that is set by a non-interested judge or jury. It can sound daunting and confusing, but the right Lexington KY lawyers can help guide you through every step of the way.
How Can EMWN Help?
When considering Lexington Kentucky law firms, EMWN Law stands out, with several different practice areas to help with all litigation needs you may have. We offer legal services including::
Contact our firm to discuss how we can assist your legal needs and to discover the best route for you!
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