litigate

Litigate is a verb meaning to engage in legal proceedings or to bring a dispute to a court or tribunal. It is used to describe both initiating a lawsuit and defending against one. In many legal systems, litigating a dispute is distinct from resolving it through negotiation, mediation, or arbitration, which are forms of alternative dispute resolution.

In civil litigation, typical steps include filing a complaint, serving process, the defendant's answer, and discovery such as interrogatories, requests for production, and depositions. The case may involve motions, settlement discussions, a trial, and a judgment, followed by post-trial motions and, in some systems, appeals. The process and timeframes vary by jurisdiction. Standards of proof also differ: many civil cases rely on a preponderance of the evidence, while some matters use higher thresholds like clear and convincing evidence.

Outcomes of litigation can include monetary damages, injunctions, specific performance, or declaratory judgments. Litigation may also result in sanctions or costs, including attorney fees and court costs. The proceedings are typically a matter of public record, and outcomes can be appealed in many systems. Because litigation can be lengthy, costly, and uncertain, parties often weigh the potential benefits against the risks and may pursue settlements or other dispute-resolution methods.

Etymology: from Latin litigare meaning “to dispute,” via Old French litiger and English adoption in the medieval period. Related terms include litigious, describing a tendency to engage in legal disputes.