What is a lawsuit?

Skjold ▪ Barthel, P.A., has a busy commercial litigation practice group, although many of our business clients have indicated that they are not sure what “litigation” is. Furthermore, several have informed us that they do not fully understand what a “lawsuit” is. This article attempts to broadly define “litigation” or a “lawsuit.”

Stage One – Pleadings

Quite often, the terms “litigation” and “lawsuit” are used interchangeably and have the same meaning. The initial stage of a lawsuit is the “Pleadings Stage,” which refers to the service of documents to initiate the “lawsuit.” These documents consist of a Summons and Complaint, which notify the defendant that is being sued and sets forth the factual and legal bases for the suit. Once the Summons and Complaint have been served, litigation has begun. The person in receipt of the Summons and Complaint has twenty (20) days to respond or request that the Court dismiss the suit for various reasons.

Stage Two – Discovery

The second stage of a lawsuit is typically the discovery stage. Discovery is the investigation or fact gathering portion of a lawsuit and can take place through many different mechanisms. Most lawsuits involve the exchange of written discovery, this consists of three types of documents: interrogatories (requests for information); requests for documents; and requests for admissions (requests for an opposing party to admit or deny certain facts). The next phase is to obtain information from individuals that are not parties to the lawsuit through subpoenas, including requests for documents and/or appearance at a deposition, which is when a person answers questions in person, under oath, before a court reporter. Most lawsuits also include depositions of the parties involved in the lawsuit. The discovery stage often involves significant legal battles and can be quite expensive.

Stage Three – Summary Judgment Motions

After discovery has been completed, a lawsuit typically proceeds to the third stage, known as summary judgment. During this stage, parties request that the trial court resolve the case in their favor, without a trial. The trial court may dispose of a case at summary judgment if there is no dispute regarding the material facts of the case. If, however, there is a dispute about the facts, the trial court cannot grant summary judgment and must allow the lawsuit to proceed to trial.

Stage Four – Trial

The fourth stage of litigation is the trial stage and is most commonly thought of by the public as the “lawsuit.” Some trials involve a jury, whereas others only involve the judge. Trials can range from one day in length to several months and are the most expensive part of a lawsuit depending on the type of trial and the number of parties and issues involved. If a case proceeds through trial, the end result is a verdict. Once a verdict is received, the lawsuit is typically over and the judge enters judgment in accordance with the verdict.

Stage Five – Post Trial

Even though a lawsuit can be considered over when the verdict is received, Minnesota law allows for trial courts to grant certain relief following trial. Depending on the circumstances, for example, a party may ask the judge for a new trial based upon errors that occurred at trial. A party may also ask the judge to enter judgment in a manner contrary to the verdict based upon a technical application of the law. There are several different types of post-trial relief that a party may request depending on the circumstances and events at trial.

Stage Six – Appeal

The final stage of litigation is the appeal stage. If a party is aggrieved by a decision from the trial court, they may file an appeal to the Court of Appeals. Appeals are usually only allowed after the conclusion of a lawsuit; under certain circumstances, however, a party may appeal while a lawsuit is pending in the trial court.

Depending on how the lawsuit was disposed of, the issues on appeal can vary greatly. The appeal stage typically consists of preparation of briefs for the Court of Appeals, followed by a 15 minute oral argument before a three judge panel. The Court of Appeals then has three options it may exercise in an appeal: affirm; reverse; or remand, which means the lawsuit is sent back to the trial court to re-litigate at least one of the stages above. While a party has an automatic right to appeal to the Court of Appeals, a party aggrieved by the Court of Appeals must seek permission of the Minnesota Supreme Court for further review, which is rarely granted except for special circumstances. As a result, most lawsuits that involve an appeal are concluded at the Court of Appeals.