Litigation is a process to judicially resolve controversies and involves an orderly procedure which is initiated by filing suit in a Court. It involves a number of processes with adherence with Court rules and procedures, and may involve complex issues of jurisdiction and choice-of-law issues. Generally, each party involved in the dispute can be frequently is represented by an attorney. Discovery is the term used to describe procedures used to acquire the underlying facts and information about the parties and to identify relevant evidence. One form of discovery is the use of questions called Interrogatories, the answers to which are given under oath under penalties of perjury. There are also a Request for Production of Documents which requires a party to produce specific documents to the other, and Depositions of witnesses which is where the person being deposed answers questions while under oath before a court reporter who produces a written transcript.
These procedures are complex, require the development of legal strategy and preparation and although often expensive, are necessary to ensure the strongest case can be presented at trial and to minimize surprises. Due to the comprehensive nature of a well orchestrated discovery and pre-trial process, the strengths and weakness of each party's case are usually exposed often leading to an equitable settlement the details of which are generally confidential and not available to the public.