Many people are unaware of what happens during the pre-litigation phase, so here’s a brief overview of the process.
The pre-litigation phase comprises four stages: information gathering, strategy development, document preparation, and discovery. These can be viewed as distinct phases to understand better what it involves. The first stage is simply understanding what you need from your opponent and how they might respond to the case you’ve filed.
The second stage of pre-litigation is called strategy development. This stage is when you form a strategy that will benefit you while also considering how your opponent may act in response. This stage can be a bit tricky because you don’t know how the other party will respond, but you can try to anticipate their actions. Once you’ve determined what you want and what your opponent might do, it’s time to prepare for any potential legal battle that may take place.
Stage three is document preparation. This step is important for all parties but perhaps the most crucial for a plaintiff. Preparing your case means you must organize the information you’ve gathered to use it effectively in court. Organization is key here. You have to be sure of what you have and will be presenting as evidence because if your proof isn’t organized, this could hurt your case more than help it.
The last stage of the pre-litigation phase is discovery. This step is important to ensure that all parties are prepared for the legal battle. Discovery can include requests for documents, depositions, and interrogatories, which can help you develop and strengthen your case.
However, knowing these stages doesn’t allow you to predict what a judge may do when deciding on the case. In each party’s favor, they have a chance to present their case in court and address any points that are brought up during the pretrial process. No matter your case’s stage, a judge won’t decide on the outcome until all parties have presented their case.
During the pre-litigation phase, a lot can go on behind the scenes. Keep track of your case and stay on top of what’s happening to avoid potential surprises. Knowing these different pre-litigation stages can help you prepare for what to expect during your case.