Filing the complaint and issuing a summons begin the litigation clock ticking down to dismissal, settlement or trial. During the pretrial phase — consisting of pretrial pleadings, pretrial motions, pretrial discovery and the pretrial conference — each party discovers the strengths and weaknesses of its case.
Lawyers accomplish most of the work in litigation during the pretrial portion, which includes preparing and filing pleadings and motions and exchanging discovery. Most cases settle during this part of the litigation process. However, a case may continue to trial, so attorneys must prepare regardless of the potential outcome. That preparation begins even before a lawyer files the first pleading.
