Civil litigation is when a legal dispute has arisen between two or more parties. These cases have nothing to do with criminal activity but usually things like economic damages or injuries. The lawyers who specialize in civil litigation cases are referred to as “litigators.” They represent the parties that hire them in local courts, state, federal, tribunals, mediations, and arbitrations. Litigation begins once someone decides to enforce or defend their legal rights.
Finding representation, filing complaints, and discovery
Suppose you have a complaint against someone, and you feel that you cannot resolve the situation without legal representation. In that case, you have to find a litigator or litigation lawyer to represent you in court. The lawyer will be able to let you know if you have a valid case that can be presented to a judge in court. The consultations will be private, and if you have a legitimate complaint, the lawyer you hire will let you know if the case is to be filed with a federal or state judge.
Once you have consulted with and have a litigation lawyer to represent you, then the plaintiff files the complaint with the court. The defendant will receive a copy of the complaint, which describes the damages or injury the plaintiff has sustained. At this time, the defendant has to either answer the complaint or file a counterclaim.
Both parties need to begin the case with as much information as possible to strengthen their claims. When both parties in the civil lawsuit have gone through the pleading process, then the information will be gathered by the representing litigation lawyer for both sides. Usually, this turns out to be the longest part of the civil lawsuit process. During this time, it might turn out that both parties can resolve their issues without having to go to court through mediation or negotiation with their legal representatives. If issues cannot be resolved, then they go to court.
Trail, verdict, and appeal
Once a court date has been made, both parties begin briefly describing their argument and differences. Then proceed to provide evidence for their claims. The lawyers representing each party will present the case to either a judge or jury and begin with an opening statement backing their client’s complaints. Then for both parties, evidence is presented, and if there are any, witnesses are called. Afterwards, both lawyers make closing statements for the better of their clients.
When the judge or jury has deliberated the case, a verdict is announced in either favour of the plaintiff or in favour of the defendant. At this time if one of the parties feels the ruling was a wrong one, they can challenge the verdict and request a new trial. Most often, this occurs during a jury trial.
If a party appeals, the complaint goes to the appellate court. There the lawsuit is reviewed for any discrepancies. At this time, the verdict given will be to affirm it or to say an error has been found. If there is cause for a new trial, the appellate court may reverse the verdict and order a new trial.
So if you feel that you have been the wronged or injured party and have a case against someone, find yourself a specialised litigation law firm who will let you know if you have a complaint to present to the court.