Civil Litigation

This post will go into detail about Civil Litigation, what it is, what happens when one party sues another and when all of this commonly occurs.

Preparation

Substantial preparation is required before entering civil litigation. The party bringing the lawsuit (the Plaintiff) will research and gather information to strategize and assess the case. If the party to be sued (the Defendant) anticipates litigation, it may take similar preparatory measures. Most of the preparatory work is performed by the parties’ attorneys.

Pleadings

Each party must file and serve initial papers, which are collectively known as “pleadings.” The Plaintiff will initiate the lawsuit by filing and serving the initial pleading known as the “compliant.” The complaint details the Defendant’s actions or inaction, the harm suffered by Plaintiff, the legal theory to find the Defendant responsible, and Plaintiff’s requested relief. The request for relief may include monetary relief, injunctive relief, or declaratory relief. The Plaintiff is not limited to one form of relief – all three can be requested, if appropriate.

The Defendant will file and serve a responsive pleading known as the “answer.” The answer will admit or deny the allegations set forth in the complaint. The answer will also assert and defenses or counterclaims that the Defendant may have.

Discovery

After service of the complaint, the parties will enter “discovery.” Discovery is a process in which the parties request and obtain useful information to prepare for litigation. Discovery may involve depositions, witness testimony, expert witnesses, and exchange of documents. Disputes often arise during discovery, which frequently require court intervention.

Motions

The parties usually make motions before trial. These pre-trial motions usually ask the court to rule on certain issues or take certain actions. There are two types of motions – dispositive motions and non-dispositive motions. A dispositive motion asks the court to dispose of all or part of the claim. All other motions are non-dispositive.

Trial

If the case does not settle, it will proceed to trial. At this point, the parties will present their cases to a judge. The parties may also present the case to a jury.

Both parties will begin trial by filing briefs, which are followed by opening statements. Then, each party will have the opportunity to present evidence and call witnesses in support of their position. After the parties present their cases, they will give closing statements. Finally, the judge (or jury, if applicable) will decide the case.

The Possibility of Appeal

If a party is unhappy with the outcome of the case, it will usually have the opportunity to file an appeal. However, there is no further level of appeal available after a case has been heard by the United States Supreme Court.

Hopefully this post gave you some more information about what civil litigation is. Stay tuned to our blog for more!

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