Massachusetts Litigation and Divorce Attorney

Litigation is the general process by which a court case works its way through the judicial system. With "civil" (non-criminal) cases in Massachusetts, the process usually begins with a Massachusetts Attorney filing a "complaint" (a legal document listing the allegations and relief requested) with the appropriate court. The attorney then "serves" (delivers) the complaint and related papers on the opposing party, usually through a constable or deputy sheriff. Once served, the opposing party's attorney responds to the complaint with an "answer" (a legal document that admits or denies the allegations). He or she may also assert defenses, as well as additional claims relating to the lawsuit.  The process then allows for "discovery," a period in which each party to the litigation, through his or her Massachusetts Attorney (or by his or her self if not represented by an attorney) has the opportunity to obtain information and evidence relating to the case, including documents and sworn statements from witnesses and parties. The court will typically schedule hearings as the case progresses, for status updates on the the case and to address any "motions" (requests) that may be filed periodically by the parties on issues relating to the case. If the case is not "settled" (resolved by mutual agreement of the parties), a trial date is eventually set by the court, and a judge (or sometimes a jury, depending on the court, type of case, issues presented, and desires of the parties) listens to the evidence and arguments presented by each Massachusetts Attorney and decides what should happen.