{"id":107832,"date":"2025-07-10T10:33:38","date_gmt":"2025-07-10T10:33:38","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=107832"},"modified":"2025-08-19T11:11:56","modified_gmt":"2025-08-19T11:11:56","slug":"united-states-litigation","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/united-states-litigation\/","title":{"rendered":"United States: Litigation"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-107832","comparative_guide","type-comparative_guide","status-publish","hentry","guides-litigation","jurisdictions-united-states"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Cravath, Swaine &amp; Moore LLP<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2018\/11\/cravath-logo-1.png\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Cravath, Swaine &amp; Moore LLP<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2018\/11\/cravath-logo-1.png\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Litigation laws and regulations applicable in United States<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main methods of resolving disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the United States, litigation, arbitration, mediation and informal negotiation are the primary dispute resolution methods. Over the last few decades, there has been a considerable rise in the use of arbitration, and mandatory arbitration provisions have become a common feature in many employment and consumer contracts.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main procedural rules governing litigation in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Where a commercial claim is brought in federal court, the procedural rules governing such claims are found in the Federal Rules of Civil Procedure [the \u2018FRCP\u2019]. Each federal district may promulgate rules to supplement, and in some instances to modify, the FRCP, and each individual judge within each district may also promulgate rules governing proceedings in her courtroom. State commercial claims are governed by the procedural rules of the state in which the claim is litigated.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the structure and organisation of local courts dealing with claims in your jurisdiction? What is the final court of appeal?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Federal courts have a three-tiered system comprised of trial courts, known as District Courts, intermediate Courts of Appeals and a final court of appeal, known as the Supreme Court. Local state courts also generally have a three-tiered system comprised of a trial court, an intermediate appellate court and a final court of appeal, often known as the state\u2019s Supreme Court (though in New York, the Supreme Court includes the trial courts and intermediate appellate courts; the highest court is the New York Court of Appeals).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long does it typically take from commencing proceedings to get to trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In federal court, the median time from filing a civil lawsuit to trial was 31 months in 2024. In state court, the time to trial may be longer or shorter, depending on the jurisdiction.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are hearings held in public and are documents filed at court available to the public in your jurisdiction? Are there any exceptions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is a strong presumption that court proceedings in the United States are public, and that documents filed with the court are accessible by the public. U.S. courts recognise a common law right to inspect and copy public records and documents, including filed records and documents. However, this right is not absolute, and courts have authority to deny access where court files may be used for improper purposes or where certain privacy concerns exist (e.g., medical records or competitively sensitive information). Where sensitive information is to be filed, parties often have the option to file such information under seal, allowing access to the court and related personnel but withholding the information from the public. While the U.S. Supreme Court has recognized a presumptive First Amendment right of access to judicial proceedings in criminal cases, it has not directly addressed whether this right applies to civil proceedings. Some state courts (e.g., the California Supreme Court) have interpreted the First Amendment right of access to apply to civil as well as criminal proceedings. Courts generally permit the public to attend civil hearings and restrict access only in limited circumstances (e.g., where certain privacy concerns or genuine concerns about disclosure of trade secrets or similarly sensitive information exist).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the relevant limitation periods in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Limitations periods typically vary by type of claim and jurisdiction. For example, in New York, breach of contract claims have a six-year statute of limitations, but in California such claims have only a four-year statute of limitations for written contracts and a two-year statute of limitations for oral contracts. By contrast, trade secret misappropriation claims must be commenced in both New York and California within three years after the plaintiff discovers (or should have discovered) the misappropriation. The availability of a longer limitations period may encourage a party to bring suit in one jurisdiction rather than another. Federal courts deciding state law claims will look to state law for the applicable statutes of limitations. Many state and, where so provided by statute, federal claims, particularly claims for fraud or misrepresentation, may be subject to the \u2018discovery rule\u2019 for determining the applicable limitations period, such that the period does not begin to run until the plaintiff discovers or should have discovered facts giving rise to her claim. Some types of claims may be subject to statutes of \u2018repose\u2019, which impose an absolute bar to claims commenced more than a certain period of time after the occurrence of the conduct that gives rise to the claim, regardless of when the claim is discovered.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the pre-action conduct requirements in your jurisdiction and what, if any, are the consequences of non-compliance?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Generally, there are no pre-action conduct requirements before commencing a commercial lawsuit. There are occasionally administrative orders and statutes at the state level that require mediation for certain commercial disputes. For example, Delaware passed the \u2018Delaware Voluntary Alternative Dispute Resolution Act\u2019 in 1995, requiring parties to attempt mediation of certain commercial disputes before going to court. Likewise, in 2017, the Commercial Division in the New York County Supreme Court established a pilot project that automatically assigns newly filed commercial cases (excluding those in which a self-represented person is a party) to a Justice outside of the Commercial Division for mandatory mediation. In 2019, the program was expanded to make other categories of cases eligible for the program, including insurance cases and cases brought under the Uniform Commercial Code. In addition, parties may be compelled to arbitrate disputes concerning contracts with mandatory arbitration provisions, given the strong judicial presumption in favour of arbitration provisions and support of arbitration as a means of commercial dispute resolution.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are proceedings commenced in your jurisdiction? Is service necessary and, if so, is this done by the court (or its agent) or by the parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In federal court, a lawsuit is commenced by the filing of a complaint with the court. The plaintiff (or her agent) must also serve a copy of the complaint, along with a summons, on the defendant. In most circumstances, the plaintiff will serve the complaint on the defendant directly, rather than through an attorney\u2019s office. The process for commencing commercial disputes in state courts is determined by each state\u2019s procedural rules but is generally consistent with the federal procedure, as the majority of states have adopted all or substantially all of the FRCP. In order to avoid dismissal, the complaint must contain a concise statement of facts and a short and plain statement of the claim showing that the pleader is entitled to relief; detailed factual allegations are generally not required. However, for commercial disputes alleging fraud or mistake, a heightened pleading standard applies and a plaintiff must plead with particularity the circumstances constituting fraud or mistake.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine whether it has jurisdiction over a claim in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>To hear a claim, courts in the United States must have both subject matter jurisdiction (authority to hear cases of a particular type) and personal jurisdiction (authority to exercise power over a particular person or entity). Federal courts are courts of limited jurisdiction; thus, a party seeking adjudication of her claims in a federal forum must establish a basis for federal subject matter jurisdiction. Federal subject matter jurisdiction is established for two types of cases: (1) cases \u2018arising under\u2019 federal law, where a cause of action is derived directly from a federal law or implicates a significant federal interest and requires determination of a federal question; or (2) diversity jurisdiction, where parties are \u2018diverse\u2019 in citizenship (meaning that no plaintiff shares the same state citizenship with any defendant) and the amount in controversy exceeds $75,000. In contrast, most state courts are courts of general jurisdiction, and thus have subject matter jurisdiction over all cases, including commercial disputes. Federal and state courts must also have personal jurisdiction over the defendant. According to the U.S. Supreme Court, to establish personal jurisdiction, the plaintiff must present facts demonstrating: (1) proper service; and (2) that the defendant has \u2018certain minimum contacts with [the state] such that the maintenance of the suit does not offend \u201ctraditional notions of fair play and substantial justice.\u201d\u2019 <em>Int\u2019l Shoe Co. v. Washington<\/em>, 326 U.S. 310, 316 (1945). The Supreme Court has recognized two variations of personal jurisdiction: (1) \u2018general\u2019 (or \u2018all purpose\u2019) jurisdiction, where the defendant\u2019s affiliations with a state are so \u2018continuous and systematic\u2019 as to render them \u2018essentially at home in the forum state\u2019\u2014for a corporation, usually limited to its state of incorporation or principal place of business, but also permitted where consented to as a prerequisite for doing business in a state; and (2) \u2018specific\u2019 (or \u2018case-linked\u2019) jurisdiction, where the suit \u2018arises out of or relates to the defendant\u2019s contacts with the forum.\u2019 Importantly, unlike subject matter jurisdiction, objections to personal jurisdiction can be waived in federal court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine which law governs the claims in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In commercial litigation, in cases not involving a federal question, a court will determine which state\u2019s substantive law(s) will apply to the claims alleged in the complaint. To the extent the case concerns a federal question, federal substantive law applies. In certain instances, the parties may have negotiated in advance the state\u2019s law that will apply to any contractual dispute by including a choice-of-law provision in the governing contract. Some state courts may be reluctant to apply choice-of-law provisions to extracontractual claims at issue in a commercial dispute.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what circumstances, if any, can claims be disposed of without a full trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Courts may dismiss an action without a full trial pursuant to motion practice. For example, a defendant can make a motion on the pleadings seeking to dismiss for failure to plead a claim adequately in the complaint, or for a procedural defect. Any party can also move for summary judgment, arguing that there are no material facts in dispute such that the court may adjudicate or dismiss the action as a matter of law. As a general matter, motions to dismiss occur early in the case, often before discovery has taken place. Motions for summary judgment tend to be made after discovery is completed. In addition, courts may dismiss an action under the following circumstances: (1) court lacks jurisdiction to hear the claims or over the person of the defendant(s); (2) plaintiff lacks standing to assert the claims; (3) improper venue, meaning the case was filed in the incorrect geographic area regardless of the court\u2019s jurisdiction over the claims and parties; (4) failure to join an indispensable party, which are those without whom the court cannot accord complete relief among existing parties and whose claims relate to the subject of the action; (5) failure to prosecute, including situations where there is a lengthy period of inactivity in a case or where the plaintiff is unprepared for trial or refuses to proceed with trial; and (6) failure to comply with a court order or rule, including scenarios where there are repeated failures to appear at hearings and depositions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the main types of interim remedies available in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Two types of interim remedies available in the United States are temporary restraining orders and preliminary injunctions. A temporary restraining order forbids a person, usually for a very limited period, from engaging in some threatened action where the moving party can show, among other things, it will be irreparably injured by such action. Likewise, a preliminary injunction is a provisional remedy that a court may grant to protect a plaintiff that demonstrates a likelihood of success on the merits from irreparable injury while the case is pending. The court issues an order preserving the status quo until it is able to make a final decision on the merits. In addition, parties may seek prejudgment seizures, such as a writ of attachment. A writ of attachment allows a plaintiff to levy on the defendant\u2019s property to ensure that a judgment against the defendant can be satisfied by showing that (1) the claim is for a specific or easily ascertainable amount of money based on a contract; and (2) there is a high likelihood of prevailing on the claims.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">After a claim has been commenced, what written documents must (or can) the parties submit in your jurisdiction? What is the usual timetable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In federal court, after service of a summons and complaint, the defendant must serve an answer or other response, such as a motion to dismiss, within 21 days. If the plaintiff requests that the defendant waive service and the defendant agrees, the defendant need not serve an answer to the complaint until 60 days after the request was sent. If the defendant moves to dismiss and the motion is denied, the defendant must serve her answer within 14 days of the notice of the court\u2019s decision. If a defendant intends to assert a claim against the plaintiff arising out of the same transaction or occurrence as the subject of plaintiff\u2019s claim, the defendant must assert such claims (\u2018compulsory counterclaims\u2019) in her answer. If a defendant intends to assert against the plaintiff a claim the subject of which is a different event from that giving rise to plaintiff\u2019s claim, then the defendant has a choice of inserting the claim in the pending litigation or pursuing a separate action. To the extent a defendant asserts a claim against the plaintiff in the pending action, the plaintiff must respond to the counterclaim within 21 days. General pleading rules for commercial litigation in state courts are determined by each state\u2019s procedural rules but are generally analogous to federal procedures.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the rules for disclosure of documents in your jurisdiction? Are there any exceptions (e.g. on grounds of privilege, confidentiality or public interest)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Federal procedural rules require a mandatory meeting (a \u2018Rule 26(f) conference\u2019) pursuant to which litigants must meet and confer to (i) discuss the nature and basis of their claims and defenses, and possibilities for a prompt settlement of the case, (ii) make or arrange for the mandatory disclosures required by the procedural rules and (iii) develop a discovery plan. At or within 14 days after the parties\u2019 Rule 26(f) conference, parties must make the following disclosures: (i) the name, address and telephone number of each individual likely to have discoverable information, (ii) a copy of all documents and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses and (iii) a computation of each category of damages claimed by the disclosing party. Once discovery commences, the parties can serve requests for production of documents on one another. A party must respond to requests for production by providing responses and objections indicating what the party agrees to produce, and then producing responsive, nonprivileged documents. Attorney-client communications protected by the attorney-client privilege and materials prepared in anticipation of litigation under the work product doctrine may be withheld; however, the withholding party may be required to furnish a log of such documents to the other side. Assuming good cause can be shown, trade secrets and other types of confidential business information may be protected from abuse or misuse resulting from the discovery process through the issuance of protective orders.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is witness evidence dealt with in your jurisdiction (and in particular, do witnesses give oral and\/or written evidence and what, if any, are the rules on cross-examination)? Are depositions permitted?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Facts possessed by a witness are ordinarily offered through live testimony of that witness at trial. However, there are circumstances (e.g., where a witness is unavailable to testify at trial) where such testimony can be offered into evidence through entry of the witness\u2019s examination before trial, or deposition, in lieu of, or in addition to, the witness\u2019s live testimony. Witnesses are subject to cross-examination, and the cross-examination is limited to the subject of the direct examination or issues affecting the witness\u2019s credibility. U.S. commercial litigation permits parties to conduct pre-trial, recorded interrogations under oath (i.e., depositions) of witnesses and potential witnesses, which may distinguish U.S. commercial litigation from litigation elsewhere.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is expert evidence permitted in your jurisdiction? If so, how is it dealt with (and in particular, are experts appointed by the court or the parties, and what duties do they owe)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Expert evidence is permitted in both federal and state jurisdictions. In federal jurisdictions, expert witnesses can be hired by parties or appointed by the court. Court-appointed experts must advise the parties of any findings that the expert makes, may be deposed by any party, may be called to testify by the court or any party and may be cross examined by any party. If a party hires an expert witness, that party must disclose the expert\u2019s identity to the other parties at least 90 days before trial or, if the evidence is intended solely to contradict evidence on the same subject matter identified by another party, within 30 days after the other party\u2019s disclosure. The party must also accompany its disclosure with a written report signed and prepared by the expert, unless otherwise ordered by the court. The report must include a complete statement of all opinions the expert will express and the basis for them, the facts or data considered by the expert in forming them, any exhibits that will be used to summarize or support them, the expert\u2019s qualifications (including a list of all publications authored in the previous 10 years), a list of other cases in which the expert testified as an expert during the previous 4 years and a statement of the compensation the expert will be paid for the study and testimony. The trial court is then charged with determining whether an expert\u2019s testimony is admissible, which requires an assessment of the scientific validity of the expert\u2019s work. Expert witnesses are handled similarly in state courts, but the rules governing disclosures and admissibility may differ by jurisdiction. For example, in New York, parties must make expert disclosures, but they are not subject to the same stringent disclosure deadlines as in federal jurisdictions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can final and interim decisions be appealed in your jurisdiction? If so, to which court(s) and within what timescale?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Final and interim decisions of the federal district courts can be appealed to a federal court of appeals. Final decisions are appealable automatically (as of right), and notice of appeal must be given within 30 days after entry of the district court\u2019s judgment. Generally, interim (or \u2018interlocutory\u2019) decisions are not appealable unless the district court judge indicates that the decision involves a controlling question of law as to which there is substantial ground for difference of opinion, and that an immediate appeal from the decision may materially advance the ultimate termination of the litigation. The federal court of appeals has discretion to hear such interim appeals. Certain other interim decisions, such as those granting, continuing, modifying, refusing or dissolving injunctions, are appealable as of right and do not require approval from the district court or the court of appeals. Decisions by the federal courts of appeals can be appealed to the U.S. Supreme Court. Generally, there is no right of appeal to the Supreme Court. However, a party may petition for a writ of certiorari requesting that the Supreme Court review the circuit court\u2019s decision, and the Supreme Court may grant or deny the petition at its discretion. A petition for a writ of certiorari must be filed within 90 days after entry of the lower court\u2019s judgment. State court appellate procedures vary by jurisdiction. Certain decisions by the courts of last resort in any state may be appealed to the U.S. Supreme Court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the rules governing enforcement of foreign judgments in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no international treaties or federal laws requiring U.S. federal courts to enforce foreign judgments. However, many states have adopted the Uniform Foreign Money Judgments Recognition Act [the \u2018UFMJRA\u2019]. Under the UFMJRA, courts will generally recognize foreign judgments for a sum of money. U.S. courts will also generally recognize foreign declaratory judgments and injunctions. However, there are situations in which U.S. courts will not enforce foreign judgments, including when the judgment was rendered under a system that does not provide impartial tribunals or procedures compatible with due process, or when the foreign court did not have personal jurisdiction over the defendant.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the costs of litigation (e.g. court costs, as well as the parties\u2019 costs of instructing lawyers, experts and other professionals) be recovered from the other side in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Generally, prevailing parties in the United States can recover only court costs (which are typically nominal), such as clerk fees and compensation for court-appointed experts and interpreters, from the opposing side. However, parties generally cannot recover attorney\u2019s fees or expert fees unless the statute underlying the action provides for fee shifting. Certain U.S. statutes, such as the federal antitrust laws, allow parties to recover attorney\u2019s fees.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the collective redress (e.g. class action) mechanisms in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Federal Rules of Civil Procedure permit class actions in federal courts only if (1) the size of the class is so numerous that it would be impractical to bring all class members before the court as individual parties, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class and (4) the representative parties will fairly and adequately protect the interests of the class. There are additional requirements regarding the permissible types of class actions. Most states have adopted similar rules, but the requirements can vary by jurisdiction.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the mechanisms for joining third parties to ongoing proceedings and\/or consolidating two sets of proceedings in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In federal court, third parties can join an ongoing proceeding as plaintiffs so long as (1) they assert any right to relief with respect to or arising out of the same transaction, and (2) a question of law or fact common to all plaintiffs will arise in the action. There are similar requirements for joining third parties as defendants. In some circumstances, the court may order that a third party must be joined either as a plaintiff or a defendant as a condition for proceeding with the case. Federal court proceedings may be consolidated if they involve a common question of law or fact. If the cases are pending in multiple federal districts, a judicial panel will decide whether the actions should be consolidated for pre-trial proceedings and the jurisdiction in which the cases should be consolidated. After consolidated pre-trial proceedings, the presiding judge will remand each case to its originating district for trial, unless otherwise dismissed. Generally, state jurisdictions have similar mechanisms for joinder of parties and case consolidation. There is, however, no mechanism for consolidating state court actions brought in different states.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are third parties allowed to fund litigation in your jurisdiction? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no federal prohibition of third-party funding of litigation, but certain states outlaw the practice. In federal court, third-party funders may potentially be made liable for the costs (including attorney\u2019s fees) incurred by the opposing party if such costs are imposed as a sanction for misconduct under FRCP 11 and if the funder is found to have substantially controlled the litigation. There is an ongoing debate as to whether courts should require parties to disclose third-party funders. The Federal District of the Northern District of California recently adopted a rule mandating that parties disclose the identity of third-party funders in proposed class actions, making it the first federal district to do so. The Federal District of New Jersey, Federal District of Delaware, state of Montana and state of Wisconsin have all followed suit in requiring parties to disclose the identity of third-party funders in proposed actions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What has been the impact of the COVID-19 pandemic on litigation in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>At the height of the pandemic, U.S. federal courts and most state courts operated primarily remotely, conducting telephonic and video conference hearings. Many jury trials were initially postponed, though some courts successfully held remote trials. Some courts suspended all non-emergency in-person proceedings and restricted the filing of nonessential matters as well. Seemingly as a result, the median time from filing a civil lawsuit in federal court to commencement of trial rose by 4.3 months from 2020 to 2021. Now, however, it appears that most courts have returned to in-person judicial proceedings, especially trials. Some judges continue to use remote proceedings, reflecting a significant change from pre-pandemic norms.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the main advantage and the main disadvantage of litigating international commercial disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The main advantage is that the United States has a sophisticated judiciary with experience resolving a broad range of commercial disputes and expertise on commercial matters, and U.S. litigation rules enable exhaustive pretrial evidence gathering. The main disadvantages are that there are potentially many jurisdictions from which litigants can choose\u2014each with its own laws and procedures\u2014and litigation in U.S. courts usually consumes a great deal of time and expense before a final decision is reached. Potential litigants must think carefully about which U.S. jurisdiction would be best suited to resolve their disputes, including how various claims are defined and when the statute of limitations period will run in a given jurisdiction, and whether litigation is likely to secure a reasonably prompt and cost-effective resolution of the dispute.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the most likely growth area for commercial disputes in your jurisdiction for the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Antitrust-related litigation has grown in recent years, and that trend looks like it will continue. In the last several years, federal regulators from the FTC and DOJ have brought a number of high-profile cases seeking to block proposed mergers in the tech, healthcare and agriculture industries, among others. Moreover, the FTC and DOJ have increasingly taken interest in price-fixing lawsuits involving hotels and landlords, for example, for their use of pricing algorithms or centralized platforms to assess market conditions and set prices for consumers. The FTC and DOJ also recently revised their enforcement policies and updated the non-binding, but extremely influential, Horizontal and Vertical Merger Guidelines, which set out the agencies\u2019 framework for evaluating most transactions. It was widely expected that the FTC and DOJ would relax their antitrust practices after the Presidential election, but the Trump administration has continued some significant Biden-era policies, including the 2023 Merger Guidelines. Separately, securities litigation also remains strong, and is returning to pre-COVID levels.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, will be the impact of technology on commercial litigation in your jurisdiction in the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Technology\u2014particularly automation and artificial intelligence\u2014will continue to streamline the litigation process. For example, some law firms now utilize artificial intelligence to assist in reviewing documents for discovery, a development necessitated by the rise of massive electronic document productions. Additionally, as remote virtual depositions and court hearings have gained acceptance amid the COVID-19 pandemic, we anticipate that law firms\u2019 and courts\u2019 reliance on and utilization of technology in areas of litigation beyond document discovery will accelerate in the coming years.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4597<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/107832","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=107832"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}