In this video, our Tinley Park civil litigation attorneys explain the Illinois appeals process. In civil litigation, the purpose of a trial is for either a jury or the judge to decide facts that are in dispute.  If the plaintiff's story differs from that of the defendant, the trier of fact (the judge or jury) must decide which story is more likely to be true, and rule in that party's favor.  

‍However, sometimes a trial is not necessary.  Parties file motions for summary judgment, requesting judgment in their favor without a trial, when either there is no dispute as to the material facts, or the other side cannot prove their claims or defenses.

‍Courts will grant a motion for summary judgment and enter judgment in favor of the party filing the motion when the party filing the motion can show that: (1) there is no dispute as to the material facts of the case; and (2) based on the undisputed facts, the party filing the motion is entitled to judgment as a matter of law.

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Our Tinley Park litigation attorney explain how the civil litigation process has many inflection points at which cases are likely to settle. In 95% of litigation cases, the parties will settle before trial. 

The following are the stages of civil litigation:

1. Demand Letter: ​Before we file a litigation suit, our Tinley Park litigation attorneys issue a demand letter. This letter serves to inform the recipient that you have an attorney and are prepared to further the case. An aggressive letter presented on attorney's letterhead will often settle the case or at least open up negotiations. 
2. Filing and Service Upon The Defendant of a Complaint and Summons: ​While demand letters are often effective, some defendants may see the demand letter as an empty threat. If there is no response to the demand letter, we will discuss whether we should pursue the case in court. To initiate the court process, we file a complaint with the court.  The complaint is served upon the defendant along with a summons that requires a defendant to appear in court at a specific date. Some defendants settle at this point to avoid paying for legal representation. Filing a complaint is not extremely costly and can put the defendant in the position to assess how willing they are to fight this case financially and legally in the court system. 
3. Pre-Trial Settlement Conference or Mediation at the Completion of Written Discovery: Once the defendant responds to the complaint, the next stage of litigation requires each side to issue written discovery. Written discovery is a set of questions and requests for provision of documents that both sides are required to answer. Once the discovery phase is complete, the parties have a clear understanding of their chances of success at trial. A settlement conference is normally requested where each side speaks to the judge, the judge attempts to settle the case.  There is a high probability that the case will resolve after the judge assists with settlement.
4. After Depositions: ​If, at the end of the written discovery process, the parties still are unable to settle, the next step is taking depositions of each party's key witnesses. Depositions are interviews that are conducted under oath and on record. After depositions are taken, everyone's cards are on the table. This a time where parties have the opportunity to settle before trial.
5. Immediately Prior to Trial: Once depositions are taken, a trial date is set.  If a case gets to this point, it will often be resolved in a last second conference between parties and attorneys on the day of the trial. Cases may even settle after the presentation of evidence but before the judge's ruling. This is done in efforts to avoid getting an all-or-nothing ruling.

In this video, our Tinley Park civil litigation attorneys explain the factors of dismissing both 2615 and 2619 motions to dismiss. The first step of every litigation case is filing a Complaint. This Complaint states the cause of action and outlines the civil law that has been violated by the Defendant. It also serves the purpose of outlining the damages that the Plaintiff is seeking to be paid by the defendant. 

The defendant then is faced with two choices once the Complaint has been served:

(1) He or she can admit or deny each allegation listed in the Complaint and raise defenses by filing an Answer to the Complaint; or

(2) He or she may file a Motion to Dismiss. This motion states that the Complaint is defective, or that there is some other affirmative matter that would require the case to be dismissed.

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