Stages of the Litigation Process
August 12, 2022

Whether you have been wronged by another and are considering legal action, or you are faced with the prospect of being sued, it’s wise to familiarize yourself with the legal process. Regardless of the type of lawsuit, the stages of the litigation process tend to be quite similar. We discuss these phases below.


Investigation


Step one is to find an attorney with the knowledge and experience to skillfully resolve your legal matter. Your attorney and their support team will launch a thorough investigation into your case, during which you should be available to answer any questions that arise.

 

Your lawyer will likely request documents from various parties with knowledge of your situation, and may even hire a private investigator to do some in-depth digging. Your legal team will use this information to create a timeline of events and set a strong foundation for your case.


Initial Filings


After your attorneys have completed their investigation, they will draft the initial filings required to bring your claim to court. This is called a complaint. The complaint outlines all parties involved, including each Plaintiff and Defendant. It describes why the jurisdiction you are filing in is appropriate, lists each claim and fact of your case, and makes an initial request for relief to the court.

 

A Defendant responds to the complaint by filing what is referred to as an answer. Collectively, complaints and answers are known as pleadings. The answer will include a response and defense to each individual allegation in the complaint. Defendants may also file a motion to dismiss, which is a request to have the court throw out the lawsuit. It should be noted that this is a common tactic used by defense lawyers, and does not mean that the Plaintiff’s case is weak.


Discovery


The third stage of the litigation process is often the longest. Discovery involves document requests, depositions, and legal interviews. Each of these are intended to fully flesh out the facts of the case. Although discovery requests can be time consuming, they are often needed to get each party’s stance in writing. Each side will send a series of requests to opposing counsel. You will need to work closely with your attorney during this process.

 

Depositions, which are formal interviews transcribed by court reporters, can be the most difficult part of discovery. It is critical to prepare before your deposition. Your lawyer will go over potential questions so that you are less likely to be surprised during the interview. As you will come to rely on your attorneys during this process, it is extremely important to feel comfortable with them.


Pre-Trial


Shortly before your trial date, there may be a settlement conference. This is where parties and their counsel meet in an attempt to resolve matters before trying the case in court. Pre-trial discussions can be successful, allowing you to avoid trial entirely. But if the matter cannot be resolved out of court, pre-trial work will take place. Your attorneys will set the stage for evidence and witnesses to appear at trial, and handle motions that may need to be filed or responded to.


Trial


Trials occur before a judge, and sometimes a jury. They can be quite stressful, and can last anywhere from a few hours to several days or weeks. If your trial is a jury trial, the first step is something called voir dire. Voir dire is when attorneys choose jury members by asking questions designed to determine a juror's biases.

 

The length of trial varies widely, but it starts with both parties making opening statements. Then evidence and witnesses will be introduced. Finally, closing arguments will be made. The judge or jury will deliberate and return with a verdict. The verdict is the final decision, often assigning fault and an award to one or more parties.


Appeal


If either party feels as though the trial was faulty, or the final verdict was incorrect, they may appeal the decision to a higher court. This court will review the facts to determine if any legal error occurred. Keep in mind that this is a very high bar to meet, and it is rare for appeals to be granted.


Contact Deppman Law PLC Today

 

If you are facing a lawsuit or wish to bring a lawsuit against someone who has caused you harm, the skilled litigation team at Deppman Law PLC can help. Contact us today for a confidential consultation about your case.

 


June 20, 2025
Estate planning may sound like something only the wealthy or elderly need to worry about, but in truth, it’s an essential part of life planning for every adult—regardless of age, wealth, or family structure. Whether you're a small business owner in Montpelier, a retiree in Middlebury, or a young parent in Burlington, having a clear and legally sound estate plan can protect your loved ones, preserve your assets, and provide peace of mind. In Vermont, as in most states, there are five core documents that form the foundation of a comprehensive estate plan. Each plays a specific role in ensuring your wishes are respected and your affairs are handled according to your preferences—both during your lifetime and after your death. Here’s a closer look at the five essential estate planning documents every Vermonter should have: 1. Last Will and Testament A will is the cornerstone of any estate plan. It outlines how you want your assets to be distributed after your death and names an executor to manage your estate. If you have minor children, your will is also the document where you nominate a guardian for them. Without a will, your estate will be distributed according to Vermont’s intestacy laws—which may not reflect your wishes. This process can be time-consuming, emotionally draining for your family, and lead to unintended outcomes. Even if your estate is modest, a will ensures clarity and can help your loved ones avoid unnecessary legal complications during an already difficult time. 2. Durable Power of Attorney A durable power of attorney (POA) allows you to name someone to handle your financial and legal affairs if you become incapacitated. This could include paying your bills, managing investments, filing taxes, or making other important decisions on your behalf. In Vermont, a POA remains in effect even if you become mentally or physically unable to manage your own affairs—hence the term durable. Without a POA, your loved ones may have to go through a costly and time-consuming court process to gain the authority to act on your behalf. Choosing a trusted agent now can spare your family considerable stress later. 3. Advance Directive for Health Care Also known as a health care proxy or medical power of attorney, an advance directive allows you to appoint someone to make medical decisions for you if you are unable to do so yourself. This includes decisions about life-sustaining treatments, organ donation, and end-of-life care. Vermont has a specific form for advance directives, and completing one ensures your health care wishes are known and legally binding. Without this document, important medical decisions may fall to someone who doesn’t know your preferences—or disagreements among family members could create unnecessary tension. 4. HIPAA Authorization The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your medical records, but it can also make it difficult for loved ones to access information in an emergency. A HIPAA authorization allows you to name individuals who can access your medical records and communicate with your doctors. This is especially important if you have multiple family members who may need to coordinate your care or advocate on your behalf. Without this document, your loved ones may be left in the dark at a time when fast, informed decisions are critical. 5. Revocable Living Trust (Optional, But Strongly Recommended) While not every Vermonter needs a revocable living trust, it can be a powerful tool—especially if you own real estate, have a blended family, or want to avoid probate. A revocable living trust allows you to transfer ownership of your assets into a trust during your lifetime, with instructions for how they should be managed and distributed. You retain control of the assets while you're alive, and after your death, they can be distributed without going through the Vermont probate process. A trust also provides greater privacy, flexibility, and control, and can be particularly helpful for managing out-of-state property or planning for incapacity. Take Control of Your Legacy Estate planning isn’t just about preparing for the unexpected—it’s about making intentional decisions that protect your family, safeguard your assets, and reflect your values. At Deppman Law PLC, we help individuals and families throughout Vermont create customized estate plans that meet their specific needs—no matter how simple or complex. Whether you’re starting from scratch or need to update existing documents, we’re here to guide you through every step with care and clarity. Contact Benj or Lesley today to schedule a consultation and begin building your estate plan with confidence.
May 18, 2025
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