Litigation/Courtroom Practice

DEFINITION

Litigation is the term used to describe the development of a civil dispute from the filing of a complaint, through the discovery process, and concluding with a jury trial.

TYPES OF LAWSUITS

Civil lawsuits are filed by Plaintiffs who usually seek a monetary award for some action caused by the Defendants. Other types of relief can include specific performance (in the case of real estate contracts primarily) or injunctive relief (a court order to prevent further injury or damage pending the court resolution of the dispute). Generally, injunctive relief and cases involving specific performance are filed in the Superior Court, and all other suits for monetary awards are filed in the State Court.

The discovery process involves written discovery (interrogatories) and the review of documents. Documents can also be subpoenaed from a third party if that party is not willing to voluntarily provide the items. A party or witness can also be subject to a deposition where he is questioned under oath in the presence of all attorneys, parties and a court reporter. After the discovery phase is complete (usually 6 months), a case will be placed on a trial calendar. Depending on the case and preference of the Plaintiff, either a jury or bench (before a judge only) trial will then be held, at which time the judge or jury will have the opportunity to hear testimony from all witnesses and examine the evidence. The standard of proof in a civil case is by a preponderance of the evidence.

CONSULT WITH RANDY RICH BEFORE YOU HIRE A LAWYER

Randy Rich has extensive courtroom experience in civil litigation. Mr. Rich is well known around the Gwinnett County courthouse for his courtroom advocacy. Mr. Rich teaches civil litigation skills to new lawyers as a part time adjunct faculty member at Georgia State University College of Law. Mr. Rich also teaches Advanced Evidence, a subject that is critical in the courtroom. While results in the courtroom cannot be guaranteed, with Mr. Rich as your attorney, you will have the confidence of knowing you have selected an attorney with substantial jury trial experience in both Superior and State Court. In the event an appeal is necessary, you can also receive the benefit of his extensive experience in the Georgia Court of Appeals, as well as the Georgia Supreme Court.

All cases are different and outcomes cannot be guaranteed. You should consult with Randy Rich before selecting your courtroom attourney. You will not be disappointed you did.