Courtroom Litigation

Litigation is a reality in our society and individuals and businesses alike find themselves in a variety of disputes that lead to ligation over a range of legal issues.

With over 30 years of trial experience, Stull & Associates has represented thousands of clients in all stages of litigation.  Our attorneys are strong advocates for our clients in litigation and are accustomed to a courtroom, but we understand the reality of the impact of litigation on our clients and make every effort to find the most practical and advantageous solution to each case.  When you come to us, we analyze your case, your goals, and your needs to determine an effective approach to resolving the matter, which may include mediation, arbitration and negotiation.  You can rely upon our experience to assist you in choosing the right course of legal action.

Frequently Asked Questions

 

What is civil litigation?

Civil litigation encompasses all stages of a case from filing a complaint to conducting a trial.

What is a complaint?

A complaint is the document that is filed with the court that sets forth the claims against the other party and a request for damages.  It also provides the Defendant with notice that the legal action has begun.

How long after a complaint is filed will I go to trial?

Many cases never get to the trial stage due to settlement or other means of disposition.  However, cases can last from six months to years.  At Stull & Associates we understand the impact of litigation on our clients and strive for a quick resolution. 

What happens after a complaint is filed?

The defendant will be served with the complaint and will have 21 to 28 days to file an Answer.  If the defendant answers the complaint, the court will likely set a scheduling conference and enter a scheduling order which will set dates for discovery, motions, witness lists, exhibit lists, briefs, pretrial statements, the pretrial conference and trial.  Next, discovery will be conducted and motions may be filed.  Generally, the parties agree to attend mediation during this stage of litigation.  If the case is not resolved, briefs will be filed, a pretrial conference will be held, and trial will be conducted.

What is Discovery?

Discovery is when the attorneys utilize legal means to obtain evidence from the opposing party and third parties.  Discovery can include interrogatories, which are questions to the opposing party, requests for admission, requests for production of documents, and depositions. 

How do you prepare for trial?

Trial preparation, on average, takes three hours of preparation for each hour in the courtroom.  What steps are taken to prepare are different depending on the specifics of each case, but preparation always begins with the filing of the complaint.  From the outset of each case, the attorneys at Stull & Associates are considering trial strategy and planning effective discovery to ensure that they can present the facts of your case to the judge or jury.

What are motions?

A motion is process by which a party brings a request to the court.  Motions can be verbal or written.  Traditionally, a party’s attorney files a written motion and then argues that motion before the court.  The court then rules on the request.

What is mediation?

Mediation is a form of alternative dispute resolution (also called ADR) where the parties attempt to resolve their disputes and reach a settlement with the assistance of an independent third-party called a mediator.  Mediation can significantly reduce the cost, time, and energy of litigation.  It is also confidential and provides the parties with control over the resolution instead of leaving the case in the hands of the judge or jury.

What is arbitration?

Arbitration is a form of alternative dispute resolution (also called ADR) where the parties select an arbitrator, or panel of arbitrators, to make a decision instead of a judge.  The decision is generally binding on the parties. 

What is an appeal?

An appeal is a request that a higher court review the decision of a lower court.  It is generally conducted by filing briefs with the higher court and attending oral arguments.

What is a Petition for a Writ of Certiorari?

A Petition for a Writ of Certiorari is a request to the Supreme Court requesting that it review the decision of a lower court.

What constitutes a breach of contract?

A breach of contract is generally non-compliance with a provision in a written agreement, but this term of art as used in the law can have numerous meanings.  Let the attorneys at Stull & Associates review your individual situation and make recommendations on the appropriate course of action.

What is a construction claim?

Construction claims include negligent construction, failure to complete a construction project, or failure of a contractor to comply with the specifications, and other issues related to construction.

What types of collection cases has Stull & Associates handled?

Stull & Associates has represented businesses and individuals in both collecting debts and in defending collections actions.