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