Q:

What Happens After the Suit is Filed?

A:

As part of the legal process, each side can ask the other side for information and documents relating to the case. This process is called discovery. Civil discovery involves investigations of the facts and circumstances of the case, interviewing witnesses, obtaining relevant documents, and questioning parties and other witnesses under oath. The investigation may include a review of Pennsylvania police records, informal interviews of eye witnesses, and photographing the location of the crime.

Requests for Production of Documents in Pennsylvania

Document requests are a formal procedure by which one side can ask the other side to produce documents and other materials relevant to the case.

Depositions

A deposition is a proceeding in which one party’s attorney has the opportunity to question opposing parties and potential witnesses under oath. Deposition testimony is transcribed. The transcripts may be used at trial if the witnesses are no longer available, or if the witnesses offer trial testimony that conflicts with the deposition. After documents have been produced, and depositions have been completed, each side should know much more about the other side’s case. At this point, the parties sometimes engage in negotiations which lead to a settlement.

Trial

If the parties do not reach a settlement, the case proceeds to trial. A plaintiff wins at trial if the plaintiff has met its burden of proof and the defendant has not successfully asserted a defense to the claim. If the plaintiff wins, the judge or jury awards damages and the matter is over unless the defendant appeals. A defendant wins at trial if the plaintiff has not met the burden of proof or the defendant has successfully asserted a defense. If the defendant wins, the case is finished unless the plaintiff appeals.