When two or more parties become involved in a dispute over money or conduct that does not entail criminal allegations, civil litigation arises. These matters may go to trial, allowing a court the opportunity to make a decision, but they may not entail a crime. Here’s a breakdown of what civil litigation entails. While each civil law issue is different, they all go through the a similar process. If you want to pursue civil litigation against someone else, you should first speak with our attorney to learn more about the procedure. The attorney will assist you in determining whether or not you have a strong case, as well as the best way to begin constructing that case.Your attorney will go into the intricacies of the issue, get the proofs you want, and begin assembling evidence for your case, maybe with the assistance of a private investigator.

The procedure then goes on to pleadings. Both sides will submit pleadings, which are preliminary court filings that describe their respective sides of the tale. The complaint is the plaintiff’s filing, and it details the defendant’s wrongdoings as well as the plaintiff’s goals in the action. These will be handed over to the defendant in person. The defendant then files an answer to the complaint.

Next, discovery commences once both pleadings have been filed with the court. The discovery process includes conducting extensive legal study, reviewing documents, interviewing witnesses, and other procedures to ascertain as many facts as possible regarding the case. Attorneys may call in expert evidence and witnesses to bolster their arguments, as well as enlist their assistance in testifying in court. Investigators or the attorney may investigate the scene in issue during the discovery process, or they may obtain particular paperwork and statements from the persons involved in the case. Discovery takes time, and the attorney will spend the majority of his or her time on it.

The matter moves to pre-trial when both sides have completed their discovery processes. This is when your attorney and the opposing party’s attorney start negotiating. They may be able to strike an agreement in the pre-trial phase, saving you the time and money of going to court. During the pre-trial stage, any side can file motions asking the court to rule on the case or dismiss portions of it before it goes to trial.

If you are unable to reach an agreement during the pre-trial phase, the matter will go to trial. Depending on the facts of the case, a jury may or may not be involved. The judge will receive the plaintiff and defendant’s briefs before the trial. These documents lay forth their arguments as well as the evidence that each side has. Each side will have the opportunity to give opening comments, follow up with arguments and questions, and finally prepare closing arguments during the trial. The verdict will next be decided by the judge and jury.
The above phases and processes are usual, although they are not obligatory. A large number of civil litigation matters are settled outside of the courtroom. Before a verdict is issued, some cases are resolved during the trial.

It’s critical to have a skilled professional advising you if you’re entangled in a civil case. We will assess your claim and propose advice on when and how to proceed. Our objective is to resolve civil litigation cases promptly and quietly to avoid the often significant economic and/or reputational litigation costs but to do it equitably, with our focus always on the potential risks and advantages of going to trial.