1 00:00:03,460 --> 00:00:08,310 A civil lawsuit can seem complex and for the most of us confusing. 2 00:00:08,529 --> 00:00:11,420 Civil lawsuits aren't actually too hard to understand. 3 00:00:11,930 --> 00:00:15,510 We broke down the basic steps of the civil lawsuit process to help 4 00:00:15,510 --> 00:00:19,680 our clients better understand what exactly is going on with their lawsuit. 5 00:00:19,889 --> 00:00:20,729 A civil lawsuit, 6 00:00:20,850 --> 00:00:23,399 which is sometimes also called civil litigation, 7 00:00:23,649 --> 00:00:26,629 is a lawsuit based on non-criminal statutes, 8 00:00:26,860 --> 00:00:28,370 meaning it's a separate entity. 9 00:00:28,549 --> 00:00:30,069 From a criminal proceeding, 10 00:00:30,350 --> 00:00:33,860 a civil lawsuit is a dispute that's handled legally by the courts, 11 00:00:34,069 --> 00:00:36,240 such as a personal injury lawsuit. 12 00:00:36,549 --> 00:00:40,349 Civil litigation goes through specific steps or proceedings. 13 00:00:40,509 --> 00:00:41,580 First and foremost, 14 00:00:41,790 --> 00:00:45,150 you should consult with potential representatives for legal advice. 15 00:00:45,790 --> 00:00:46,700 Before anything else, 16 00:00:46,790 --> 00:00:48,830 it's important that you consult with a personal 17 00:00:48,830 --> 00:00:52,259 injury attorney about your potential personal injury lawsuit. 18 00:00:52,509 --> 00:00:54,790 You should also be sure that your case 19 00:00:54,790 --> 00:00:57,180 falls within the state statute of limitations. 20 00:00:57,549 --> 00:00:59,869 An open and honest consultation will give you the 21 00:00:59,869 --> 00:01:02,349 most accurate prediction of the outcome of your case. 22 00:01:03,240 --> 00:01:04,989 After an initial consultation, 23 00:01:05,160 --> 00:01:08,319 your civil lawsuit case will follow 4 common steps 24 00:01:08,599 --> 00:01:09,400 pleadings, 25 00:01:09,779 --> 00:01:10,379 discovery, 26 00:01:10,800 --> 00:01:11,309 trial, 27 00:01:11,480 --> 00:01:12,110 appeal. 28 00:01:14,589 --> 00:01:17,480 The pleadings are the initial step in the civil lawsuit. 29 00:01:17,730 --> 00:01:20,169 Each side or party will file paperwork in the 30 00:01:20,169 --> 00:01:22,599 right court to explain their side of the story. 31 00:01:22,809 --> 00:01:26,400 The person bringing the lawsuit or plaintiff will file the complaint. 32 00:01:26,529 --> 00:01:30,199 The person being alleged of wrongdoing or defendant will file an answer. 33 00:01:31,839 --> 00:01:36,029 Personal jurisdiction for a court to have personal jurisdiction over a defendant, 34 00:01:36,220 --> 00:01:38,230 the individual or company must have an 35 00:01:38,230 --> 00:01:40,620 appropriate relationship to the forum county, 36 00:01:40,989 --> 00:01:41,269 state, 37 00:01:41,309 --> 00:01:42,389 or federal district, 38 00:01:42,500 --> 00:01:44,739 and the defendant must be served properly. 39 00:01:44,989 --> 00:01:46,379 Subject matter jurisdiction, 40 00:01:46,750 --> 00:01:48,699 depending on the type of lawsuit you're filing, 41 00:01:48,870 --> 00:01:53,099 your case may be heard in either federal or state court venue. 42 00:01:53,389 --> 00:01:57,430 Your case must be filed in an appropriate court based on proximity to 43 00:01:57,430 --> 00:02:01,139 where the incident in question occurred or where the parties are located. 44 00:02:02,029 --> 00:02:05,830 The complaint is a formal document filed by the plaintiff with the court. 45 00:02:06,040 --> 00:02:08,919 The complaint generally contains an explanation for why the 46 00:02:08,919 --> 00:02:11,429 court holds jurisdiction over the case as well. 47 00:02:11,679 --> 00:02:14,509 The answer is a response to the plaintiff's complaint. 48 00:02:14,720 --> 00:02:18,119 The answer details the defendant's description of the events that led to 49 00:02:18,240 --> 00:02:21,029 the dispute outlining any inaccuracies or 50 00:02:21,029 --> 00:02:23,210 falsehoods that they find in the complaint. 51 00:02:23,550 --> 00:02:27,070 As a response to the replies or in the instance that one party 52 00:02:27,070 --> 00:02:29,369 requests clarification over legal theories or 53 00:02:29,369 --> 00:02:32,070 allegations in the other party's pleadings, 54 00:02:32,110 --> 00:02:34,339 a complaint or answer may be amended. 55 00:02:34,839 --> 00:02:37,550 After both parties have completed the pleading process, 56 00:02:37,839 --> 00:02:39,759 both parties will enter discovery. 57 00:02:40,080 --> 00:02:42,750 Discovery is a process in which both parties begin 58 00:02:42,750 --> 00:02:45,940 to obtain information to help strengthen their arguments. 59 00:02:46,119 --> 00:02:49,759 Each party will obtain evidence through demands for production of documents, 60 00:02:50,000 --> 00:02:51,970 depositions of parties and witnesses, 61 00:02:52,240 --> 00:02:53,509 written interrogatories, 62 00:02:53,839 --> 00:02:55,710 written requests for admissions of fact, 63 00:02:55,880 --> 00:02:58,399 and examination of the scene and the petitions 64 00:02:58,399 --> 00:03:01,199 and motions employed to enforce discovery rights. 65 00:03:01,750 --> 00:03:03,169 Before the trial begins, 66 00:03:03,350 --> 00:03:06,339 either during the discovery process or shortly after, 67 00:03:06,630 --> 00:03:10,110 parties may use motions to ask the court to rule or act. 68 00:03:10,470 --> 00:03:11,860 After discovery has ended, 69 00:03:11,949 --> 00:03:14,130 if the dispute is not resolved out of court, 70 00:03:14,380 --> 00:03:16,380 the civil lawsuit will move to trial 71 00:03:16,830 --> 00:03:18,070 before the trial begins, 72 00:03:18,270 --> 00:03:20,740 both parties will submit a brief to the judge. 73 00:03:21,149 --> 00:03:25,130 Trials involving a judge and no jury are referred to as bench trials, 74 00:03:25,190 --> 00:03:28,070 or the trial can be set to be decided by a jury. 75 00:03:28,690 --> 00:03:30,009 Once the trial begins, 76 00:03:30,210 --> 00:03:32,610 both parties present their opening statements. 77 00:03:32,729 --> 00:03:36,130 Opening statements are the brief outlines of the party's arguments. 78 00:03:36,289 --> 00:03:37,880 After opening statements are made, 79 00:03:38,089 --> 00:03:40,119 each party introduces its case. 80 00:03:40,369 --> 00:03:42,679 The plaintiff always presents its case first. 81 00:03:42,889 --> 00:03:44,850 The defense presents its case after. 82 00:03:45,589 --> 00:03:47,619 After the defense has presented its case, 83 00:03:47,830 --> 00:03:50,289 the plaintiff has one last opportunity to 84 00:03:50,289 --> 00:03:53,539 present additional evidence known as rebuttal evidence. 85 00:03:53,830 --> 00:03:57,710 Each party will present its case using evidence which can include documents, 86 00:03:57,869 --> 00:03:59,020 expert testimony, 87 00:03:59,229 --> 00:04:01,339 or exhibits that support its argument. 88 00:04:01,589 --> 00:04:04,020 After a witness is examined by one party, 89 00:04:04,210 --> 00:04:07,389 the opposing party can choose to cross-examine the witness. 90 00:04:08,630 --> 00:04:09,720 In a jury trial, 91 00:04:09,809 --> 00:04:11,089 after closing arguments, 92 00:04:11,199 --> 00:04:15,240 the jury deliberates for a period of time until a verdict is reached. 93 00:04:15,529 --> 00:04:16,480 In a bench trial, 94 00:04:16,570 --> 00:04:21,399 the judge deliberates for a period of time until a decision or verdict is reached. 95 00:04:21,850 --> 00:04:23,049 After the verdict is made, 96 00:04:23,250 --> 00:04:25,679 a party can choose to challenge the verdict. 97 00:04:26,089 --> 00:04:30,619 These challenges are more common during jury trials because errors and disregard 98 00:04:30,619 --> 00:04:34,359 of the law or legal definitions occur more often by juries. 99 00:04:35,200 --> 00:04:38,109 If a party does not agree with the result of the trial, 100 00:04:38,440 --> 00:04:39,910 they can appeal the decision. 101 00:04:41,260 --> 00:04:42,730 If a decision is appealed, 102 00:04:42,940 --> 00:04:45,380 then the civil lawsuit is presented to an appellate 103 00:04:45,380 --> 00:04:48,980 court that reviews the previous proceedings of the lawsuit. 104 00:04:49,299 --> 00:04:51,339 Each party will submit a brief and a record 105 00:04:51,339 --> 00:04:53,929 of evidence from trial to the appellate court. 106 00:04:54,100 --> 00:04:56,220 The appellate court looks for any errors in 107 00:04:56,220 --> 00:04:59,920 legality made during the pretrial or trial proceedings. 108 00:05:00,100 --> 00:05:01,619 After reviewing the proceedings, 109 00:05:01,739 --> 00:05:03,809 the appellate court releases an opinion, 110 00:05:03,940 --> 00:05:05,809 which is the appellate court's decision. 111 00:05:06,059 --> 00:05:10,420 The opinion can either affirm the verdict made by the trial court or find an error.