What Is A Docket Control Order

Docket Control Order

Average Cost Of A Civil Lawsuit

Litigation has become more costly and complex partly because of the introduction of computers and other forms of technology. Despite the fact that court processes that can be handled by technology are handled by technology, the number of documents in the lawsuit filing process has ironically increased. The “docket control order” or “scheduling order” is a prime example of this phenomenon. Contact an experienced lawyer to  learn what is a docket control order.

What Is A Docket Control Order?

Docket Control Conference

A computer in the clerk’s office generates the document called the docket control order when you file a lawsuit. Before computers were widely used in the process, docket control orders just contained the discover completion date, date when experts were designated and a trial date. Now more dates have been added, which has led to higher costs for filing lawsuits.

In other words, a docket control order is an order issued before a case begins. It shows how your case is supposed to progress as it moves towards trial. Due to the rising costs of litigation, your lawyer will want to know whether you have the commitment and financial means to pursue litigation before you file a lawsuit.

Your lawyer may inform you that there is no such thing as a perfect case and that your court case may cost more than you expect. In other words, you may not get exactly what you want in court. This applies to all kinds of cases.

Should You Worry About Legal Fees?

Litigation Attorney Meaning

What Is A Docket Control OrderMore documents mean more work for your lawyer, which means more legal fees. Normally, contingency fee arrangements are used to help lower the cost of litigation, but contingency fees do not apply to real estate and business cases. You may have to pay an initial retainer of $10,000 to $25,000 depending on the law firm you use.

Lawyers often avoid dealing with docket control orders if their potential client is not able to raise the funds required to sustain the case. That is why your lawyer will thoroughly review your case to ensure that it is good enough to present before a judge.

Requirements Lawyers Have Before Taking Your Case

What Is A Scheduling Order In A Lawsuit

First, your lawyer will review your case to make sure that there is a clear liability. For example, in real estate, your lawyer is likely to take your case if it is clear that the person that sold the property to you failed to disclose defects in the property. But just because the property owner failed to disclose some information is not good enough if the buyer of the property did not suffer any damages.

That means that there must not just be a clear path of holding the defendant liable but also a real monetary loss for the buyer. In most situations, you can only file a suit if the amount is $25,000 and over. But you can file a small claims action in a justice court if you have a $5,000 or $10,000 case.

Be an active participant in your case even if it will take a lot of effort and may only be resolved after a long period of time.

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