Markham Real Estate Lawyer: How does the Process of Filing for a Lawsuit Work?

Real estate is one of the fastest growing businesses and contributes to a huge chunk of the economy. However, due to the huge sums of money involved, real estate attracts all kinds of thieves and fraudsters ready to swindle you of your property and hard earned cash. In case this happens to you, all is not lost as you can engage the law to get back what you deserve. In this case, speak to a Markham real estate lawyer to guide you on the below steps to ensure you win your litigation case. 

 

Consult with an Attorney

 

The first step in any civil litigation case is to consult with an attorney. An experienced attorney can advise you on the legal process, assess the strength of your case, and provide guidance on the best course of action. The attorney will also help you understand your legal rights, the legal issues involved in your case, and any potential outcomes.

 

Investigation and Filing of Complaint

 

Once you have retained an attorney, the next step is to investigate your case. This may involve gathering evidence, interviewing witnesses, and researching relevant case law. Your Markham real estate lawyerwill then file a complaint in court on your behalf, outlining the facts of the case, the legal theories 

 

Answer and Counterclaim

 

Once the defendant receives the complaint, they will have a specified period to respond. The defendant may file an answer to the complaint, admitting or denying the allegations made by the plaintiff. If the defendant has claims against the plaintiff, they may also file a counterclaim.

 

Discovery

 

Discovery is a process in which both parties gather evidence to support their case. This may include requests for documents, interrogatories, and depositions. During discovery, both parties have an opportunity to learn more about the strengths and weaknesses of their case.

 

Pre-Trial Motions

 

After the discovery process is complete, either party may file pre-trial motions. These motions may seek to exclude evidence, dismiss the case, or request summary judgment. A summary judgment motion asks the court to rule in favor of one party without a trial, based on the evidence presented during the discovery phase.

 

Settlement Negotiations

 

Before going to trial, the parties may engage in settlement negotiations. Settlement negotiations can take place at any stage of the litigation process and can be facilitated by the parties' attorneys, a mediator, or a judge. If the parties reach a settlement, the case will be resolved without a trial.

 

Trial

 

If the case does not settle, it will proceed to trial. During the trial, both parties will present their evidence and arguments to a judge or jury. After the trial, the judge or jury will make a decision, known as a verdict.

 

Post-Trial Motions and Appeals

 

After a verdict is reached, either party may file post-trial motions, seeking to overturn or modify the verdict. If either party is unhappy with the outcome of the case, they may also file an appeal, asking a higher court to review the decision.

 

In conclusion, civil litigation is a complex legal process that can involve many steps. By understanding these steps and working closely with an experienced Markham real estate lawyer, you can increase your chances of success in your case. If you are involved in a civil litigation case, it is crucial to take the necessary steps to protect your rights and interests.