What Is Litigation?

Litigation is the process where individuals, businesses, and other organizations bring legal disputes before a court to seek judgments or other enforceable orders to remedy alleged legal harms. The parties who file complaints are called plaintiffs or claimants, and the parties accused of causing harm or owing money or other relief are called defendants or respondents.

Litigation begins when a plaintiff files a complaint or other initial legal document with the court. After filing, the plaintiff must formally serve the defendant with a summons and the complaint. Once served, the defendant has a set period—defined by procedural rules and statutes—to file a written response, such as an answer or a motion challenging the sufficiency of the claims.

Before a judge or jury decides the case, the parties typically engage in pre‑trial litigation, which may include:

Motions testing the legal sufficiency of the claims or defenses;
Discovery, where parties exchange information and evidence through depositions, document requests, interrogatories, and other authorized methods; and
Pre‑trial hearings to resolve disputes about evidence, procedure, or scheduling.

Courts must provide all parties with due process, meaning they must receive proper notice of hearings and a meaningful opportunity to be heard.

Throughout the litigation process, parties may choose to resolve their dispute through settlements. In Florida, courts often require parties to participate in mediation with a Florida Supreme Court–certified mediator to explore settlement options before trial.

If the parties do not settle, the case proceeds to a trial or final hearing, where each side presents evidence, witnesses, and legal arguments. To ensure fairness, parties must disclose in advance the evidence and witnesses they intend to present so the opposing side can prepare and participate.

At the conclusion of the trial, a judge or jury determines whether the evidence meets the applicable burden of proof for the claims or defenses. The court then issues a final judgment or order resolving the dispute.

Disclaimer: Everything shared on this website is provided for general information purposes only and is not legal advice for anyone's particular circumstances.

For more information and to discuss your particular concerns, you can talk to Stuart Reed at Law & Mediation, LLC. Call 727-565-0590, email Talk2Stuart@aol.com or use our online scheduling system.