Going to court can be a daunting process. It requires diligent preparation with a qualified attorney in order to give you the best chance of winning before a judge or jury. Understanding the process of how a lawsuit works, what happens within the courtroom, and how the case proceeds after judgment is crucial for anyone involved in litigation.
What is Civil Litigation?
Civil litigation is a legal process aimed at resolving disputes between two parties. The party bringing the action, referred to as the plaintiff, is likely seeking monetary damages or some other remedy from the other party, referred to as the defendant.
Parties involved in civil litigation may be one individual suing another. While that is a common form of civil lawsuits, individuals can also bring legal action against a business or government entity. Likewise, businesses can also sue other businesses in civil court. A group of individuals can also sue a business in what is referred to as a class action lawsuit, where all individuals have the same cause of action against the same defendant.
When a civil dispute goes to trial, the standard of proof is less strict than in criminal litigation. In order to prevail, a party must present more convincing evidence (known as a “preponderance of the evidence”) than the other party does.
What is the Civil Litigation Process?
The civil litigation timeline begins before the parties enter the courtroom. At each stage, there are prescribed steps and procedures that must be followed. Failure to comply with these rules could put that party at a disadvantage in court, including having their case dismissed. Consulting with a litigation attorney is an important step in building your case for success.
- Pre-suit investigation: Before filing a complaint in court, the plaintiff should consult an attorney to discuss the merits of the case and gather relevant evidence.
- Choice of court: The lawsuit must be filed in the right court which depends on the type of suit, where the parties are located or where the wrongful conduct occurred, the amount of the claim, and whether the parties previously agreed to litigate in a particular venue.
- Filing a complaint and summons: The plaintiff starts a lawsuit by filing a summons and complaint with the appropriate court. These documents give the defendant notice of the lawsuit, the basis of the claim, and the deadline for responding.
- Answer: The defendant responds to the complaint by filing an answer or motion with the court.
- Discovery: This is the process of exchanging information with the other side. Each party will make various requests for evidence or to question witnesses under oath in order to prepare for litigation.
- Motions: The parties file motions with the court to request the judge to take action. For instance, the judge may be asked to make a ruling on a legal issue or order the other side to provide information.
- Trial: When the previous steps have been completed, the case will go to trial with each side presenting its case to a judge or jury.
- Appeal: If a party believes there are legal grounds to challenge a decision of the judge or jury, it may file an appeal.
How To Prepare For Your Case
The first step for an individual, whether as a plaintiff or defendant, is to speak to an attorney about the case. An attorney can assess the case by looking at all of the relevant evidence and recommend next steps in the process. The earlier you consult an attorney, the better chance you have at a successful outcome since there are many time limits, such as a statute of limitations or a procedural deadline to respond to a complaint.
It is equally important to gather important evidence well in advance while the facts are fresh. This includes obtaining witness who can remember what occurred, and obtaining official records that can be preserved. Gathering evidence in a timely manner will help streamline the litigation process and will give your attorney ample time to prepare to argue the case in court.
While the case in ongoing, you should regularly communicate with your attorney to stay up to date on how the case is progressing and options for settlement. It is important to always be transparent with your attorney and provide all of the necessary information (both the “good” and the “bad”) to avoid surprises at trial.
When Should You Hire An Attorney?
Whether you start a lawsuit, or one is being brought against you, it is important to consult with an attorney as soon as possible. Being advised on how to proceed early in the process will aid in getting everything in order and avoid missing any deadlines set by the court. Further, hiring an attorney as soon as possible can help start settlement negotiations early and give you the opportunity to avoid the lengthy and expensive litigation process.
Contribution to this blog by Michael Touma.
