Lawsuit

===Resolution===
{{Main|Trial|Judgment (law)|Settlement (litigation)}}

Usually, lawsuits end in a settlement, with an empirical analysis finding that less than 2% of cases end with a trial.<ref name=":0">{{Cite journal|last1=Barkai|first1=John|last2=Kent|first2=Elizabeth|date=2014-01-01|title=Let's Stop Spreading Rumors About Settlement and Litigation: A Comparative Study of Settlement and Litigation in Hawaii Courts|ssrn=2398550|location=Rochester, NY|journal=Ohio State Journal on Dispute Resolution|publisher=Social Science Research Network}}</ref> It is sometimes said that 95% of cases end in settlement; few jurisdictions report settlements, but empirical analysis suggests that the settlement rate varies by type of lawsuit, with torts settling around 90% of the time and overall civil cases settling 50% of the time; other cases end due to [[default judgment]], lack of a valid claim, and other reasons.<ref name=":0" />

At trial, each person presents witnesses and the evidence collected is recorded. After this occurs, the judge or jury renders their decision. Generally speaking, the plaintiff has the [[Legal burden of proof|burden of proof]] in making his claims, however, the defendant may have the burden of proof on other issues, such as [[affirmative defense]]s. The attorneys are held responsible in devising a [[trial strategy]] that ensures they meet the necessary elements of their case or (when the opposing party has the burden of proof) to ensure the opponent will not be able to meet his or her burden.

There are numerous motions that either party can file throughout the lawsuit to terminate it "prematurely"—before submission to the judge or jury for final consideration. These motions attempt to persuade the judge, through legal argument and sometimes accompanying evidence, that there is no reasonable way that the other party could legally win and therefore there is no sense in continuing with the trial. Motions for [[summary judgment]], for example, can usually be brought before, after, or during the actual presentation of the case. Motions can also be brought after the close of a trial to undo a jury verdict contrary to law or against the weight of the evidence, or to convince the judge to change the decision or grant a new trial.

Also, at any time during this process from the filing of the complaint to the final judgment, the plaintiff may withdraw the complaint and end the whole matter, or the defendant may agree to a settlement. If the case settles, the parties might choose to enter into a stipulated judgment with the settlement agreement attached, or the plaintiff may simply file a [[voluntary dismissal]], so that the settlement agreement is never entered into the court record.

The decisions that the jury makes are not put into effect until the judge makes a judgment, which is the approval to have this trial information be filed in public records. In a civil case, the judge is allowed at this time to make changes to the verdict that the jury came up with by either adding on or reducing the punishment. In criminal cases the situation is a little different, because in this case the judge does not have the authority to change the jury decision.