Litigation involves several stages. Ideally, you’ll first consult with a lawyer experienced in the issues you’re facing. They will meet with you for an initial interview to help explore the situation and advise you of your options.
If you begin the litigation process, the main phases will include:
1. INVESTIGATION
This step aims to obtain all documentation and proof necessary to build the client’s side of the case. It’s sometimes also referred to as the fact-gathering phase. This step is primarily handled by the lawyer. It may involve an initial informal investigation of the facts, research into the exact details, witness interviews, or hiring a private investigator.
2. FILING PLEADINGS
After the initial investigation is completed, a Statement of Claim is filed with the court. This step initiates the formal lawsuit process. After the defendant answers the claim with a Statement of Defence, the case moves to the next step — mediation.
3. MEDIATION
Once these key pleadings have been exchanged and the dispute clarified, the parties must complete a mandatory mediation phase through the Dispute Resolution Office. If agreement is not reached the case advances to Discovery.
4. DISCOVERY
Each party involved “discovers” as much information as possible about the case. This step involves legal research, document review, interviewing witnesses, depositions, court appearances, and more. In Saskatchewan a key component of this phase is called ‘Questioning’ where lawyers examine the other side under oath and on the record, looking for admissions and evidence to help their client’s case.
5. SETTLEMENT DISCUSSIONS
This pre-trial phase involves meetings and negotiations between the lawyers for each side. The goal is to see if an agreement or settlement can be reached without going to court. These can occur whenever the parties have an appetite for discussion, but there is a requirement in Saskatchewan to complete a formal pre-trial stage. This usually involves a day at the court with a judge mediating with the parties in the interest of avoiding trial. If there is no agreement reached, the case will go to trial before a different judge.
6. TRIAL
If the case goes to trial, each side will argue their position before the court. A courtroom trial may include a judge or a judge and jury. It may take a couple of years to get to trial for larger cases, which may require weeks or even months of actual trial time.
7. VERDICT OR JUDGEMENT
This is the final outcome of the case determined by the judge once all evidence is heard and all arguments presented. Judgements are written reasoned decisions from the judge, which can be appealed.
8. APPEALS
Appeals occur when one of the parties is dissatisfied with the outcome and believes there is a legal reason for the decision to be set aside. The appeal process often takes one to two years to complete. Judgements are overturned only when the higher court is satisfied that the decision contains legal or reasoning errors significant enough to warrant intervention.
Note: The information in this blog is not legal advice. Consult a lawyer for advice for your situation.