What Are the Steps Involved When You File a Civil Lawsuit?
You’ve suffered some type of loss because of the wrongful act of another person or entity. Maybe you’ve been hurt because of someone else’s carelessness. Perhaps you entered into a contract and the other party failed to comply with the terms of the agreement. Maybe you’re involved in a property line dispute with a neighbor, or you’ve been wrongfully terminated at work. These types of claims all fall within the category of civil litigation. What is civil litigation and what steps are involved in the process?
What Is Civil Litigation?
Legal claims are generally classified as either civil or criminal (or occasionally both). Criminal matters are considered to be wrongs against society or the state and the relevant laws are set forth primarily in statutes, written laws enacted by a legislative body. Civil claims, on the other hand, involve disputes between individuals or entities and the governing law is found mostly in opinions handed down by courts. With criminal wrongs, the potential penalties include incarceration, fines, community service, and probation, whereas civil wrongs are typically resolved through the payment of damages or by compelling a person to perform a promised action.
What Steps Are Commonly Involved in Civil Litigation?
If you’re considering filing a civil suit, you’ll typically engage in some pre-filing actions, during which your attorney will assess your case, determine the appropriate jurisdiction for any filing, and make preliminary requests for settlement.
The legal process officially commences when you file a complaint. The complaint identifies the parties, sets forth the plaintiff’s version of what happened, identifies legal wrongs committed, and asks for relief. The complaint must be delivered to (“served on”) the defendant, and the defendant must submit a response within a certain period of time. If the defendant fails to do so, the injured party may ask the court for a default judgment.
If an answer to the complaint is timely filed, the court will typically schedule a conference to:
- Get an overview of the facts and claims
- Determine the potential for a pre-trial settlement
- Establish a timeline for discovery, a process in which the parties gather evidence in anticipation of trial
Discovery can take a variety of forms but most commonly involves interrogatories, request for the production of documents and depositions, in which parties or witnesses submit to examination with a court reporter present.
When discovery is complete, the parties may file motions regarding the admissibility of evidence. In addition, either party may file a motion asking the court to resolve the case without going to trial.
If the matter is not resolved, a trial date will be set. At trial, attorneys for both sides will participate in jury selection, if applicable. Then, each party will make an opening statement, after which the attorneys for the plaintiff will present their case. Defense counsel will have the opportunity to cross-examine any witnesses called by the plaintiff.
When the plaintiff’s attorneys have called all their witnesses, defense attorneys will have the opportunity to present their case. Attorneys for both parties will make closing arguments and the case will then go to the jury for deliberations. or in the case without a jury to the trial judge for a decision.
Contact Attorney Howard N. Sobel
At the office of Howard N. Sobel, we provide comprehensive counsel to anyone who is potentially a party to civil litigation. Contact our office online or call us at 856-424-6400 to set up a free initial consultation. Evening and weekend appointments can be arranged upon request. We accept all major credit cards.
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