We will outline the entire process, from how to file your lawsuit to the hopefully final settlement before the trial, in straightforward terms. Little legalese, no unnecessary stress, just what you need to get ahead. Ready to make sense of this madness? Well, here we go.
Civil Litigation Process – Clarifying the Concept
Ever wondered what happens when a person says, “I’ll see you in court”? Spoiler alert: While in real life, it is not as dramatic as it sometimes is in movies. Civil litigation refers to the process of dispute resolution between two or more people, businesses, or organisations involving such legal complications as contracts, property dispute cases, or personal injury lawsuits.
Unlike a criminal case, which generally creates terror by a single term, the term will be jail. Civil cases generally pertain to the seeking of damages or the enforcement of one party’s rights. It starts with initiating the lawsuit, proceeding through fact collection, negotiations for settlement, and preparation for trial if necessary.
For a consultation with an expert, a litigation lawyer in London can assist with advising on your legal options.
Steps to Follow in the Civil Litigation Process
1. Pre-Litigation Assessment
Evaluate your case before going to trial. Do you have great evidence? Will it be worth your time and money? A conversation with a lawyer will help you determine whether you will be able to file a lawsuit or whether mediation and settlement may be more appropriate.
2. Filing the Complaint
The trial commences when the plaintiff files a complaint detailing his legal grievances and the damages claimed. The complaint is presented to the court, thus providing legal notice of the action to the defendant.
3. Serving the Summons
The defendant must be aware of the commencement of the lawsuit through a legal document called a summons, which states the claims against him and provides him with a time limit within which to respond.
4. The Defendant’s Response
After the serving of the summons, the defendants must deliver their answer, admitting or denying such allegations. They may also file counterclaims against the plaintiff or a motion to dismiss the suit if they feel the suit has no merit.
5. The Discovery Phase
Both parties use interrogatories along with requested documents at the same time as they conduct depositions to build their case evidence. In the identification stage, the parties develop sufficient evidence to potentially settle before trial begins.
6. Pre-Trial Motions
The attorneys may also take the opportunity to make pretrial motions concerning dismissing portions of the case or entering summary judgment. Here’s where those motions might shape how the litigation unfolds.
7. Settlement Discussions & Mediation
Cases are rarely taken to trial. Settlements save lots of time and much expense. There are instances where parties negotiate directly with each other on settlement terms or go for mediation before engaging in lengthier court battles.
8. The Trial Process
The case will proceed to trial when both parties fail to agree on a settlement. Both parties supply evidence while presenting their cases as well as calling witnesses during the trial proceedings. The decision maker takes an assessment of the presented facts to determine the outcome.
9. The Verdict & Judgment
After both parties have been heard, a judgment is issued by the judge or jury. If the plaintiff wins, the court awards damages or other relief. The losing party may be required to pay money or to do something to rectify their behavior.
10. Post-Trial Motions
Both parties can lodge post-trial motions after a verdict to question or alter the judgment. It may involve asking for a new trial or motions to rework the awarded damages.
11. The Appeals Process
In case any party feels aggrieved by the decision, that party may appeal it to an appellate court, which looks into the procedural and substantive mistakes that were made during the trial and does not go into evidence and testimony review.
12. Enforcing the Judgment
Victory in a lawsuit is not a guarantee of immediate payment. If the defeated party refuses, legal measures such as wage garnishment, liens, or seizure of assets may be required to implement the judgment.
Conclusion
Civil suits can be intricate and expensive, but being informed makes you ready. Your understanding of rights alongside anticipated costs will help you make well-informed decisions when involved in legal disputes as either a plaintiff or defendant.
