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A brief explanation of the civil suit process including what a civil suit is and what the basic steps are in the process.
What is a civil suit?
A civil suit or civil litigation is a legal dispute that is handled by the courts and involves non-criminal statutes.
These are the basic steps involved in a civil suit:
Before taking the first step, determining the strength of your legal case is critical. To do this, consult with an attorney prior to taking an costly legal steps. An attorney that specializes in your case’s area will be able to quickly determine the strength of your case. Attorneys can specialize is a variety of areas including personal injury law, business litigation, or employee rights law and more. Consultations are typically free and confidential. Know that depending on your state, there may be a statute of limitations on your case, so time can be of the essence, contact an attorney right away to learn more.
A step in a civil lawsuit is also called a proceeding. There are four main steps in a civil lawsuit, these include pleadings, discovery, trial and appeal.
1. Pleadings
One party files a complaint alleging that another party committed a wrongdoing. The other party then submit paperwork answering the complaint and detailing their version of the events. The lawsuit must be filed with appropriate court.
2. Discovery
After the pleadings are filed, then each party enters into discovery, a process where both parties start to obtain information that will strengthen their side of the case. Discovery can be a lengthy process.
3. Trial
If a case has not been resolved yet, then after discovery the case will move to trial. Trial may be in front of only a judge or may be in front of a selected jury. Both sides submit a brief to the judge that outlines their arguments that will be presented and the evidence they will use. Each side will then present an opening statement, again outlining their case’s points. The case will then begin with the plaintiff first. Each side may present their evidence and witnesses, and conduct cross-examinations. Once completed each side will make their closing statement. A judge or jury will then deliberate and make their decision on the case.
4. Appeal
If either side does not agree with the result of the case they can appeal to an appellate court. the appellate court will review the case from the lawsuit and determine if any errors were made that would affirm the previous decision, merit a reversal of the decision, or order a new trial to be performed.
For more information about the basic steps of a civil lawsuit send us a message or fill out the free evaluation form below. For particular information regarding your specific case, remember that consulting with an experienced civil litigation attorney can likely save you time, money and stress.
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