If you are in a lawsuit, it will serve you well to thoroughly read and understand the following bird’s eye view. Keep in mind that this summary is only painted with a broad brush, and each set of facts creates its own strategy and motivations that drive the order and outcome of the process. Keep in mind that A. this summary condenses nearly an entire year in law school called the rules of civil procedure, and B. at some point many people put principal behind them and try to settle for less than they want. Given the stress load of what the laundry list below entails, the emotional cost must be weighed at all times and sincere soul searching.

1. Pleadings
The Pleadings, or the papers filed under strict procedural rules in Michigan called the Michigan Court Rules, is where it starts. The injured party typically the “Plaintiff” or in probate the “Petitioner” files a Complaint with the court. A Complaint is the written document that starts the whole affair and alleges things against the other party, the Defendant or in probate court the “Respondent”. The Complaint also describes what the Plaintiff seeks to recover in the lawsuit. Once the Complaint is filed and served upon the Defendant, the Defendant is required to respond to the allegations and provide defenses in an Answer. There are all kinds or court rules about how the papers are to be served. Plaintiff then files a Reply to the defenses contained in the Answer. Then, the Pleadings stage evolves into the following areas, and the initial pleadings may even be amended for good cause of if further facts become known.

2. Summary Judgment Motions
Often, after completion of the Pleadings and often before Discovery phases, one party will feel such confidence in the facts that a trial is unnecessary. That party will ask the judge to decide, under the limits proscribed in the Michigan Court Rules, before trial by filing a Summary Judgment Motion, which explains why the evidence alone should result in a judgment and is asking for a judgment without a trial. If the judge grants the Motion, judgment is entered and the case is over. As a rule, very few summary motions are granted, and the case proceeds to Arbitration or Trial.

3. Discovery
After the Pleadings stage, the parties may engage in Discovery in order to prepare for arbitration or trial. Discovery allows each party to learn about the other’s case, including what witnesses will be called to testify and have their sworn testimony before trial called a deposition. Each party can be asked what documents or other evidence exists. The Discovery process helps ensure that there will be no surprises at trial. Each party can send written questions to the other side (Interrogatories) and ask that the other party provide copies of relevant documents (Requests for Production). Witnesses can be subpoenaed for depositions and either party can issue subpoenas for relevant documents from people other than the opposing party.

Once the Pleadings, Discovery, and Summary Judgment Motion phases are complete, the lawsuit is ready to go to Mediation or Trial.

4. Mediation
The procedure involved in a mediation is similar to that of a trial. However, instead of a judge or jury deciding the case, a panel of three local attorneys make the ruling and their average is the mediation award. If dissatisfied with the award, either party can file an appeal, which frees the case to go to trial in front of a judge or jury. However, refusal to accept the award has strict limits and often penalties under the court rules. As such, be very very careful on rejecting a mediation award.

5. Trial
Trial can take place in front of a judge or jury. Generally, there are six phases of a Jury Trial: (1) jury selection; (2) opening statements; (3) testimony and evidence; (4) closing statements; (5) jury charge; and (6) verdict. In the case of a trial in front of a judge only (a bench trial), the procedure is the same except that there is no jury selection or jury charge.

In a Jury Trial, the first phase of the trial begins with jury selection. Attorneys for both parties ask the jurors questions to determine if they know any of the parties, attorneys, or witnesses involved in the case, or if they have had any experiences with or have strong feelings about certain issues which preclude them from being unbiased and impartial. Once the questioning is complete, each attorney can request that certain jurors be stricken from the jury pool “for cause” due to a disclosed bias or prejudice. Each party may then strike a set number of other jurors (usually around four) who they think would likely favor the other side.

After jury selection, opening statements are presented to the jury. The Plaintiff’s opening statement should give the jurors a “roadmap”; of the trial-to describe what the Plaintiff intends to prove and how the attorney will prove it, outlining the facts of the case, and identifying the witnesses and important evidence. The defense can give an opening statement or defer the statement until after Plaintiff presents testimony.

After opening statements, the parties present their testimony and evidence. The Plaintiff goes first by calling witnesses and offering exhibits into evidence. The defense may cross–examine each witness. Next, the defense may call witnesses and introduce evidence to support its defenses. Thereafter, the Plaintiff may present witnesses or evidence in rebuttal to the defense case.

Once all testimony is complete, the attorneys deliver closing arguments. During the closings, the attorneys argue why the facts and applicable law should lead the jury to decide in favor of their respective clients. The Plaintiff goes first. After Plaintiff’s closing argument, the defense presents its closing. Finally, after the defense closing, Plaintiff’s attorney usually presents a brief rebuttal argument.

After closing arguments, the judge must give the jury charge. In the charge, the judge explains to the jury all of the law applicable to the case so that the jury can reach a proper verdict. The jury verdict itself marks the conclusion of the trial.

POST JUDGMENT ACTION

Once a judgment is entered and no appeal taken, usually within 21 days, then the parties must comply with the judgment. Many times one party will not honor a Court order and your attorney may need to enforce the judgment. It can be very frustrating to be in this situation because there may be difficulties in enforcing orders, especially if a Defendant is uncollectable. To spend tens of thousands of dollars in attorney fees and costs is hardly worth it. So, ideally, one would want to properly evaluate any case BEFORE filing to be sure the debtor can truly pay.