A civil lawsuit can seem complex and for the most of us confusing.
Civil lawsuits aren't actually too hard to understand.
We broke down the basic steps of the civil lawsuit process to help
our clients better understand what exactly is going on with their lawsuit.
A civil lawsuit,
which is sometimes also called civil litigation,
is a lawsuit based on non-criminal statutes,
meaning it's a separate entity.
From a criminal proceeding,
a civil lawsuit is a dispute that's handled legally by the courts,
such as a personal injury lawsuit.
Civil litigation goes through specific steps or proceedings.
First and foremost,
you should consult with potential representatives for legal advice.
Before anything else,
it's important that you consult with a personal
injury attorney about your potential personal injury lawsuit.
You should also be sure that your case
falls within the state statute of limitations.
An open and honest consultation will give you the
most accurate prediction of the outcome of your case.
After an initial consultation,
your civil lawsuit case will follow 4 common steps
pleadings,
discovery,
trial,
appeal.
The pleadings are the initial step in the civil lawsuit.
Each side or party will file paperwork in the
right court to explain their side of the story.
The person bringing the lawsuit or plaintiff will file the complaint.
The person being alleged of wrongdoing or defendant will file an answer.
Personal jurisdiction for a court to have personal jurisdiction over a defendant,
the individual or company must have an
appropriate relationship to the forum county,
state,
or federal district,
and the defendant must be served properly.
Subject matter jurisdiction,
depending on the type of lawsuit you're filing,
your case may be heard in either federal or state court venue.
Your case must be filed in an appropriate court based on proximity to
where the incident in question occurred or where the parties are located.
The complaint is a formal document filed by the plaintiff with the court.
The complaint generally contains an explanation for why the
court holds jurisdiction over the case as well.
The answer is a response to the plaintiff's complaint.
The answer details the defendant's description of the events that led to
the dispute outlining any inaccuracies or
falsehoods that they find in the complaint.
As a response to the replies or in the instance that one party
requests clarification over legal theories or
allegations in the other party's pleadings,
a complaint or answer may be amended.
After both parties have completed the pleading process,
both parties will enter discovery.
Discovery is a process in which both parties begin
to obtain information to help strengthen their arguments.
Each party will obtain evidence through demands for production of documents,
depositions of parties and witnesses,
written interrogatories,
written requests for admissions of fact,
and examination of the scene and the petitions
and motions employed to enforce discovery rights.
Before the trial begins,
either during the discovery process or shortly after,
parties may use motions to ask the court to rule or act.
After discovery has ended,
if the dispute is not resolved out of court,
the civil lawsuit will move to trial
before the trial begins,
both parties will submit a brief to the judge.
Trials involving a judge and no jury are referred to as bench trials,
or the trial can be set to be decided by a jury.
Once the trial begins,
both parties present their opening statements.
Opening statements are the brief outlines of the party's arguments.
After opening statements are made,
each party introduces its case.
The plaintiff always presents its case first.
The defense presents its case after.
After the defense has presented its case,
the plaintiff has one last opportunity to
present additional evidence known as rebuttal evidence.
Each party will present its case using evidence which can include documents,
expert testimony,
or exhibits that support its argument.
After a witness is examined by one party,
the opposing party can choose to cross-examine the witness.
In a jury trial,
after closing arguments,
the jury deliberates for a period of time until a verdict is reached.
In a bench trial,
the judge deliberates for a period of time until a decision or verdict is reached.
After the verdict is made,
a party can choose to challenge the verdict.
These challenges are more common during jury trials because errors and disregard
of the law or legal definitions occur more often by juries.
If a party does not agree with the result of the trial,
they can appeal the decision.
If a decision is appealed,
then the civil lawsuit is presented to an appellate
court that reviews the previous proceedings of the lawsuit.
Each party will submit a brief and a record
of evidence from trial to the appellate court.
The appellate court looks for any errors in
legality made during the pretrial or trial proceedings.
After reviewing the proceedings,
the appellate court releases an opinion,
which is the appellate court's decision.
The opinion can either affirm the verdict made by the trial court or find an error.