If you are suing someone, are being sued by someone you in an existing lawsuit, or are faced with a situation that may lead to a lawsuit, it is imperative to have a general understanding of what to expect from the litigation process. To help our clients and our potential clients become better prepared to face their specific legal situation, we provide the following answers to questions our clients frequently ask of us during litigation.
What is Civil Litigation?
Civil litigation is a broad phrase that refers to a legal dispute between two or more parties where money damages or specific performance is the remedy sought, as opposed to criminal prosecution. Civil litigation takes many forms, but it is generally the legal process that most people think of as a “lawsuit.”
A lawsuit is born when a plaintiff files a "complaint" against a defendant. The complaint sets out the legal claim and the applicable facts to support each claim, and is the first of many documents that must be filed with the court. If a defendant chooses not answer a complaint that has been properly served, then the defendant risks a judgment against him or her without a court trial. If the defendant answers the complaint, the case enters what is called the discovery process.
Discovery
Although often tedious and potentially very time consuming, this important process ensures that both parties disclose all relevant facts to the other side prior to a trial. Discovery may include the answering of written questions, providing documents, and depositions. Once discovery is complete, the case proceeds to trial. However, statistics have consistently shown that the majority of civil cases do not reach the verdict stage of trial. Most cases are settled well before a judge or jury reaches its decision.
The links below provide detailed information about various aspects of the litigation process. If there is a particular matter that you would like to speak to an attorney about, contact us today to discuss your case personally with Mr. Clarke. We can discuss your particular concerns, and the most effective manner in which to pursue a resolution.
