0:00:03.460,0:00:08.310 A civil lawsuit can seem complex and for the most of us confusing. 0:00:08.529,0:00:11.420 Civil lawsuits aren't actually too hard to understand. 0:00:11.930,0:00:15.510 We broke down the basic steps of the civil lawsuit process to help 0:00:15.510,0:00:19.680 our clients better understand what exactly is going on with their lawsuit. 0:00:19.889,0:00:20.729 A civil lawsuit, 0:00:20.850,0:00:23.399 which is sometimes also called civil litigation, 0:00:23.649,0:00:26.629 is a lawsuit based on non-criminal statutes, 0:00:26.860,0:00:28.370 meaning it's a separate entity. 0:00:28.549,0:00:30.069 From a criminal proceeding, 0:00:30.350,0:00:33.860 a civil lawsuit is a dispute that's handled legally by the courts, 0:00:34.069,0:00:36.240 such as a personal injury lawsuit. 0:00:36.549,0:00:40.349 Civil litigation goes through specific steps or proceedings. 0:00:40.509,0:00:41.580 First and foremost, 0:00:41.790,0:00:45.150 you should consult with potential representatives for legal advice. 0:00:45.790,0:00:46.700 Before anything else, 0:00:46.790,0:00:48.830 it's important that you consult with a personal 0:00:48.830,0:00:52.259 injury attorney about your potential personal injury lawsuit. 0:00:52.509,0:00:54.790 You should also be sure that your case 0:00:54.790,0:00:57.180 falls within the state statute of limitations. 0:00:57.549,0:00:59.869 An open and honest consultation will give you the 0:00:59.869,0:01:02.349 most accurate prediction of the outcome of your case. 0:01:03.240,0:01:04.989 After an initial consultation, 0:01:05.160,0:01:08.319 your civil lawsuit case will follow 4 common steps 0:01:08.599,0:01:09.400 pleadings, 0:01:09.779,0:01:10.379 discovery, 0:01:10.800,0:01:11.309 trial, 0:01:11.480,0:01:12.110 appeal. 0:01:14.589,0:01:17.480 The pleadings are the initial step in the civil lawsuit. 0:01:17.730,0:01:20.169 Each side or party will file paperwork in the 0:01:20.169,0:01:22.599 right court to explain their side of the story. 0:01:22.809,0:01:26.400 The person bringing the lawsuit or plaintiff will file the complaint. 0:01:26.529,0:01:30.199 The person being alleged of wrongdoing or defendant will file an answer. 0:01:31.839,0:01:36.029 Personal jurisdiction for a court to have personal jurisdiction over a defendant, 0:01:36.220,0:01:38.230 the individual or company must have an 0:01:38.230,0:01:40.620 appropriate relationship to the forum county, 0:01:40.989,0:01:41.269 state, 0:01:41.309,0:01:42.389 or federal district, 0:01:42.500,0:01:44.739 and the defendant must be served properly. 0:01:44.989,0:01:46.379 Subject matter jurisdiction, 0:01:46.750,0:01:48.699 depending on the type of lawsuit you're filing, 0:01:48.870,0:01:53.099 your case may be heard in either federal or state court venue. 0:01:53.389,0:01:57.430 Your case must be filed in an appropriate court based on proximity to 0:01:57.430,0:02:01.139 where the incident in question occurred or where the parties are located. 0:02:02.029,0:02:05.830 The complaint is a formal document filed by the plaintiff with the court. 0:02:06.040,0:02:08.919 The complaint generally contains an explanation for why the 0:02:08.919,0:02:11.429 court holds jurisdiction over the case as well. 0:02:11.679,0:02:14.509 The answer is a response to the plaintiff's complaint. 0:02:14.720,0:02:18.119 The answer details the defendant's description of the events that led to 0:02:18.240,0:02:21.029 the dispute outlining any inaccuracies or 0:02:21.029,0:02:23.210 falsehoods that they find in the complaint. 0:02:23.550,0:02:27.070 As a response to the replies or in the instance that one party 0:02:27.070,0:02:29.369 requests clarification over legal theories or 0:02:29.369,0:02:32.070 allegations in the other party's pleadings, 0:02:32.110,0:02:34.339 a complaint or answer may be amended. 0:02:34.839,0:02:37.550 After both parties have completed the pleading process, 0:02:37.839,0:02:39.759 both parties will enter discovery. 0:02:40.080,0:02:42.750 Discovery is a process in which both parties begin 0:02:42.750,0:02:45.940 to obtain information to help strengthen their arguments. 0:02:46.119,0:02:49.759 Each party will obtain evidence through demands for production of documents, 0:02:50.000,0:02:51.970 depositions of parties and witnesses, 0:02:52.240,0:02:53.509 written interrogatories, 0:02:53.839,0:02:55.710 written requests for admissions of fact, 0:02:55.880,0:02:58.399 and examination of the scene and the petitions 0:02:58.399,0:03:01.199 and motions employed to enforce discovery rights. 0:03:01.750,0:03:03.169 Before the trial begins, 0:03:03.350,0:03:06.339 either during the discovery process or shortly after, 0:03:06.630,0:03:10.110 parties may use motions to ask the court to rule or act. 0:03:10.470,0:03:11.860 After discovery has ended, 0:03:11.949,0:03:14.130 if the dispute is not resolved out of court, 0:03:14.380,0:03:16.380 the civil lawsuit will move to trial 0:03:16.830,0:03:18.070 before the trial begins, 0:03:18.270,0:03:20.740 both parties will submit a brief to the judge. 0:03:21.149,0:03:25.130 Trials involving a judge and no jury are referred to as bench trials, 0:03:25.190,0:03:28.070 or the trial can be set to be decided by a jury. 0:03:28.690,0:03:30.009 Once the trial begins, 0:03:30.210,0:03:32.610 both parties present their opening statements. 0:03:32.729,0:03:36.130 Opening statements are the brief outlines of the party's arguments. 0:03:36.289,0:03:37.880 After opening statements are made, 0:03:38.089,0:03:40.119 each party introduces its case. 0:03:40.369,0:03:42.679 The plaintiff always presents its case first. 0:03:42.889,0:03:44.850 The defense presents its case after. 0:03:45.589,0:03:47.619 After the defense has presented its case, 0:03:47.830,0:03:50.289 the plaintiff has one last opportunity to 0:03:50.289,0:03:53.539 present additional evidence known as rebuttal evidence. 0:03:53.830,0:03:57.710 Each party will present its case using evidence which can include documents, 0:03:57.869,0:03:59.020 expert testimony, 0:03:59.229,0:04:01.339 or exhibits that support its argument. 0:04:01.589,0:04:04.020 After a witness is examined by one party, 0:04:04.210,0:04:07.389 the opposing party can choose to cross-examine the witness. 0:04:08.630,0:04:09.720 In a jury trial, 0:04:09.809,0:04:11.089 after closing arguments, 0:04:11.199,0:04:15.240 the jury deliberates for a period of time until a verdict is reached. 0:04:15.529,0:04:16.480 In a bench trial, 0:04:16.570,0:04:21.399 the judge deliberates for a period of time until a decision or verdict is reached. 0:04:21.850,0:04:23.049 After the verdict is made, 0:04:23.250,0:04:25.679 a party can choose to challenge the verdict. 0:04:26.089,0:04:30.619 These challenges are more common during jury trials because errors and disregard 0:04:30.619,0:04:34.359 of the law or legal definitions occur more often by juries. 0:04:35.200,0:04:38.109 If a party does not agree with the result of the trial, 0:04:38.440,0:04:39.910 they can appeal the decision. 0:04:41.260,0:04:42.730 If a decision is appealed, 0:04:42.940,0:04:45.380 then the civil lawsuit is presented to an appellate 0:04:45.380,0:04:48.980 court that reviews the previous proceedings of the lawsuit. 0:04:49.299,0:04:51.339 Each party will submit a brief and a record 0:04:51.339,0:04:53.929 of evidence from trial to the appellate court. 0:04:54.100,0:04:56.220 The appellate court looks for any errors in 0:04:56.220,0:04:59.920 legality made during the pretrial or trial proceedings. 0:05:00.100,0:05:01.619 After reviewing the proceedings, 0:05:01.739,0:05:03.809 the appellate court releases an opinion, 0:05:03.940,0:05:05.809 which is the appellate court's decision. 0:05:06.059,0:05:10.420 The opinion can either affirm the verdict made by the trial court or find an error.