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What is Litigation?

Updated: 2 days ago

Collage of Lady Justice and the legislative building. Title is "What is Litigation?," and subtitle is "The foundation of legal proceedings explained."

What is Litigation?


Litigation is a formal process where disputes are settled through the courts. In instances where one cannot resolve issues between individuals, businesses, or organizations, then litigation serves to provide a clear process to either enforce or defend a legal right. The majority of people view litigation as trials, but the truth is that most cases are usually settled before reaching the trial stage, usually through negotiation or settlement. Fortz Legal engages with law firms and their clients at every point in the litigation process, offering specialized support services that make each step more efficient, accurate, and persuasive.



The Litigation Process and the Role of Fortz Legal


Pleading

The litigation process starts with pleadings. Attorneys may investigate claims, send demand letters, or try to negotiate before filing. The plaintiff files a Summons and Complaint, and the defendant responds by admitting, denying, or disputing the claims.


Fortz Legal’s Role: We provide process service and court couriers to make sure legal documents are delivered on time and correctly. Our team also helps with document filing and supports attorneys by managing document delivery and timely responses.


Discovery

Discovery is the most intensive stage of litigation. It involves exchanging evidence, documents, and witness testimony. Depositions allow for questioning under oath, and electronic data often plays an important role.


Fortz Legal’s Role: We provide court reporting to capture testimony word for word. We also offer ESI and forensics to manage electronic data, uncover hidden evidence, and ensure digital integrity. These services improve the factual record and help attorneys build convincing cases.


Pre-Trial

Before trial, attorneys may file motions to dismiss, limit evidence, or resolve issues. This stage also includes preparing arguments, testing strategies, and organizing materials for presentation.


Fortz Legal’s Role: We help with demonstratives, video designations, printing trial binders, and focus groups. These services enable attorneys to refine their arguments, assess case strategies, and craft compelling presentations that resonate with judges and juries.


Trial

If a settlement is not possible, the case moves to trial, where arguments, witnesses, and evidence are presented. A judge or jury delivers a verdict, which may include damages or remedies. In some cases, appeals follow.


Fortz Legal’s Role: We provide exhibit presentation, video playback, and equipment setup to ensure evidence is shown clearly and effectively. Our technical support allows attorneys to focus on advocacy while we manage courtroom logistics. We also make sure transcripts, exhibits, and trial records are preserved and organized, supporting post-trial motions or appeals with certified documentation.


Chart of the litigation process. The first step is "Pleadings" with the subfields of process service and court couriers. The second step is "Discovery" with the subfields of court reporting and ESI & forensics. The third step is "Pre-Trial" with the subfields of demonstratives, video designations, printing trial binders, and focus groups. The fourth and final step is "Trial" with the subfields of exhibit presentation, video playback, and equipment setup

Common Types of Litigation


Fortz Legal supports attorneys in a wide range of litigation matters, including:


Civil matters include: Breach of contract, personal injury, and landlord-tenant issues.

Business disputes: Partnership issues, intellectual property disputes.

Family law: Divorce, custody, and inheritance battles.

Administrative: Challenges to government agencies' decisions.


Because going to court often involves great delays and expense, Fortz Legal also helps clients with alternatives, including:


Mediation: Providing logistical support and document management for mediated settlements.

Arbitration: Providing court reporting and exhibit presentations in private arbitration hearings.

Negotiation: Helping attorneys with demonstratives and trial binders that support their negotiating position.


Why Litigation Matters


Litigation is indispensable in any system of justice because it protects rights by ensuring disputes are conducted in accordance with the law, provides a structured framework for gathering evidence and presenting arguments, and encourages settlement by motivating parties to resolve matters before trial. Litigation is not simply about the process itself but about protecting your interests, achieving fair outcomes, and guiding you through complex disputes with confidence. By integrating our services at every phase of litigation, we strengthen case delivery for attorneys and help secure better results for clients.



 
 
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