The Basics of Civil Litigation

Depending on the type of case, a judge or jury will determine if the defendant should be found responsible and if so how much compensation they should pay. If necessary, an expert will be brought in to validate arguments or provide a medical opinion.

During the discovery process attorneys exchange information about 스토킹변호사 the case. This can include document review, interviews, and bringing in expert witnesses.

Complaint

The first step in civil litigation is filing a complaint by the party who initiated the suit (the plaintiff). A complaint sets out what facts gave rise to the action and details damages that have been suffered by the plaintiff. A complaint also identifies the defendant and the relief being sought, which often includes monetary compensation, injunctions or declaratory judgments.

The defendant is then given a certain amount of time to file an answer to the complaint. This should respond to each allegation in the complaint and may include a counterclaim. It may also describe additional facts and/or plead defenses.

Throughout this period, the attorneys for both parties will exchange information and documents through written requests known as interrogatories or requests to admit or deny certain allegations, along with conducting depositions in which witnesses are questioned under oath regarding their knowledge of the case. These steps are collectively known as “discovery.” In some cases, a judge will issue a scheduling order laying out deadlines and important dates that will help guide the parties through this process.

Answer

When people cause harm to each other without breaking any laws, civil courts step in. While each case is unique, all civil lawsuits make their way through a similar process. Often, the dispute revolves around money or property. The first step is to file a complaint.

The complaint sets out the plaintiff’s claims against the defendant and the legal basis for those claims. Defendants have a limited amount of time to file an answer. The answer outlines the defendant’s side of the story, including any inaccuracies or falsehoods found in the complaint. Defendants also have the opportunity to file counterclaims against the plaintiff, which establishes ways in which the plaintiff caused harm to the defendant.

Defendants must carefully read the complaint to ensure all allegations are addressed in their response. Failure to respond to all allegations in the complaint could result in a default judgment in favor of the plaintiff. In addition, the defendant may want to raise any “affirmative defenses” that they believe would exonerate them from liability.

Discovery

While many legal cases that head to court involve criminal accusations, civil litigation can also be a result of disagreements over property, money or rights. Common examples include contract disputes (like unenforceable stipulations), employment issues, divorce proceedings and family law matters.

Once both sides have their pleadings with the court, the discovery process begins. This can involve in-depth research, document review and witness interviews. During this time, your attorney may enlist expert witnesses to help support their arguments. Investigators and attorneys may visit the scene in question, request documentation and elicit statements from people involved in the case.

During this phase, each side will ask the other questions through written requests known as interrogatories and request admissions of facts. They may also conduct depositions, in which a witness is asked to answer questions in person under oath and the statements are recorded for later use in court. Attorneys may also request that non-parties produce physical documents or other evidence through a procedure called a subpoena duces tecum.

Parties can also file requests with the court seeking rulings on issues like the scope of discovery or the procedures to be followed during trial. In some cases, a party can request a protective order for their information to prevent it from being used inappropriately by the other side.

Trial

While the majority of cases that make their way to court involve money or action, civil litigation is also used for other purposes. This could include a disagreement about ownership of an animal or issues surrounding contracts and torts.

Once a complaint has been filed, the defendant is required to file an answer within a certain time period. During this stage, the attorneys for both parties will engage in a process known as discovery to gather information about the case. This includes written interrogatories (questions and answers posed under oath) and depositions of parties and witnesses.

If the case is to be heard by a jury, attorneys for both sides will participate in a process called “voir dire” to ask potential jurors questions about their backgrounds and whether they can be impartial. Some potential jurors will be eliminated during this process.

Once all of the evidence has been collected and both parties have presented their arguments, a judge or jury will determine the final verdict. If either party is dissatisfied with the ruling, they can appeal to a higher court for review.

Judgment

In a civil lawsuit, your attorney can settle disagreements over contracts, torts and property conflicts. While these types of cases may not always make for the most dramatic TV courtroom drama, they are often just as important for individuals who need legal action to get money or something else from another party. Unlike criminal law, civil litigation uses different processes including pleadings, discovery and trials.

At the trial stage, each party will present their case to a judge or jury. The plaintiff will introduce evidence such as witness testimony, documents and physical proof. In a case-in-chief, the plaintiff methodically lays out their key evidence in order to convince the jury that the defendant is responsible for the harm they have suffered.

If either party is unsatisfied with the trial outcome, they can appeal the decision to a higher court. The appellate court will review the previous proceedings and evidence to determine if there were any errors that warranted a change in verdict. This can include a request for a new trial or a reversal of the verdict.