Civil litigation is a legal process in which two or more parties pursue legal action against one another to resolve a dispute. The disputes may involve a wide range of issues, such as personal injury, contract disputes, employment disputes, real estate disputes, intellectual property disputes, and probate disputes.
The process of civil litigation can be complex and lengthy, so it’s essential to understand the key steps involved in the process. Here is a brief overview of the civil litigation process:
- Pre-litigation: This is the phase where parties attempt to resolve the dispute through negotiation or mediation.
- Filing a complaint: If the pre-litigation phase is unsuccessful, the plaintiff will file a complaint with the court, outlining the facts of the case and the legal claims being pursued.
- Serving the complaint: The defendant will be served with the complaint, and they will have a set period to respond to the complaint.
- Discovery: During this phase, both parties will gather evidence, including documents, depositions, and witness statements, to build their case.
- Motion practice: Throughout the litigation process, either party can file motions with the court, requesting rulings on specific issues.
- Settlement negotiations: At any point during the litigation process, parties may engage in settlement negotiations to resolve the dispute without going to trial.
- Trial: If the case is not resolved through settlement negotiations, the case will go to trial, and a judge or jury will hear the evidence and make a ruling.
If you believe that you have a legal claim and are considering pursuing civil litigation, it’s essential to seek the advice of an experienced attorney who can guide you through the process. An attorney can help you assess the strengths and weaknesses of your case, gather evidence, and advocate for your legal rights throughout the process.