The process of litigation can, in its most basic form, be explained as follows: Claim - the plaintiff will generally file a statement of claim setting out their claim against the defendant. This is typically done after an initial letter of demand has been sent. Defence - the defendant will file their defence to the statement of claim. At this point the defendant may consider filing a counterclaim or joining a third party into the claim (for example if there should be joint liability). Discovery - both sides are obligated to discover to the other side relevant evidence and documents to the dispute.