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Generally, a lawsuit is filed, and notice of the suit is served on the defendant. Prior to trial, both sides engage in ""discovery,"" which is a process by which the parties exchange information and evidence. Also prior to trial one or both sides typically file various motions to help move the case toward trial or to dispose of the case without a trial (such as through a motion to dismiss or a motion for summary judgment).

The vast majority of cases settle at some point during the pretrial process, or they are disposed of in some other manner, such as a dismissal by the court. Even if a case makes it to trial, it could still settle. If a case is tried and goes to verdict, often the losing party (or even the “winning” party who is dissatisfied in some way) will appeal the decision to an appellate court. There is still the possibility for settlement even during the appeals process. The appeals process can potentially last for years, and it is possible that at the end of this process, the initial trial court’s decision will be partly or completely reversed or vacated.


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