How Litigation and Trial Practice Work

A legal case is a process through which parties in a court dispute argue their respective positions and persuade the court. Ultimately, judges choose one or the other by rendering a decision in favor of one party or the other as applicable law for all potential future cases. A good Law firm like Stone & Sallus business attorneys will have all of the tools necessary to carry out the applicable law and ultimately produce a favorable outcome for their clients. Here is a complete guide on how litigation and trial practice work.


The trial is the main legal proceeding in which parties are held to an agreed-upon set of facts and evidence. The process by which a judge rules on a case either in favor of one party or the other, right or wrong. The party best able to meet their evidentiary burden on the facts is most likely to end up with a win in court.

The litigation process inside a court is essential for parties to have a fair chance of winning a case. Because of the significant expense involved in pursuing a case, judges and court systems generally try to protect litigants from potentially unfair circumstances. This also means that parties can be assured that every step of the process is subject to careful review and that every party will receive equal consideration. When litigants are confident in their own standing, it makes them more likely to take part in discussions that could impact their case.

Litigation process

In order to secure an outcome favorable to their case, parties must make efforts early on. Litigation is conducted by interviews with witnesses, reports from experts, and a variety of other considerations. In most cases, parties will be able to resolve their issues before trial. However, if the case does go to trial, witnesses and parties will provide testimony. Parties will also have the chance to give evidence and share arguments with the judge and other litigants.

Trial practice and litigation take a number of complex steps. For example, parties will have to issue subpoenas to witnesses and gather evidence. This could involve compiling financial records, collecting or reviewing physical evidence, or any number of other considerations. Parties may have attorneys who are working on the case. They will likely have experts involved in their case as well. In the event that a case does make it to trial, it is essential for parties to be prepared. Judges will require parties to submit evidence and arguments in writing, in advance of trial.