What is Civil Litigation?

By Morgan Glines

“In the strange heat all litigation brings to bear on things, the very process of litigation fosters the most profound misunderstandings in the world.”

-Renata Adler

This very same question has been asked since the beginning of our judicial system. The easiest answer is that civil litigation occurs when two or more parties are in a legal disagreement that involves money or action. Civil litigation does not include anything criminal. As you can imagine, this encompasses many different areas. Some of the most common areas are contract disputes, landlord/tenant disputes, construction disputes, real estate disputes, and estate disputes.

Of course, each case is unique, but generally, most civil litigation has the same time constraints and similar steps before trial.

Timing

Missing timing deadlines is one of the easiest ways to lose your case. Each document filed to the court has a timeframe to reply that must be met. If you do not file within the correct timeframe, you risk the potential of your case being dismissed or receiving a default judgement. A dismissal means that your case will cease to continue – no matter how far along or how much money you have put into the case. Sometimes, the case may be dismissed “without prejudice,” which means you have to start over to bring the action forward again; however, if the case is dismissed “with prejudice,” you may not bring your case again ever. A default judgement means that you have failed to answer within the timeframe, and the court is going to agree to the demands of the party that is suing you.

Litigation can be confusing and scary, but ignoring the timeframes and answering is a sure-fire way to lose. Even if the odds may seem stacked against you, there is always something an attorney can file to help your case.

Litigation Steps

Complaint/Answer

The first step to any litigation is drafting a complaint and serving it upon the defendant (person you wish to sue). The complaint lays out your cause of action and your demand for judicial relief. Once served, the defendant has a set number of days to respond. 

Scheduling

Scheduling takes place after the initial complaint and answer are filed with the court. You could agree to a set schedule with the defendant or you could request a scheduling hearing where you would discuss the options/availability for scheduling within the court.

Discovery

After scheduling, you would then begin the discovery process. Discovery is the formal process of exchanging information between the parties about the witnesses and evidence they may present at trial. This step is extremely important as it provides you with what you will need to prove your initial causes of action from your complaint.

Depositions

Depositions can also be a powerful tool to use before trial. Depositions are a witness’s sworn out-of-court testimony. It is used to gather more information as part of the discovery process as you can hear firsthand someone’s thoughts instead of simply reading documents and interpreting what you believe the person may say at trial.

Trial

If a settlement has not been reached, then trial is the last step of the process. Trial is a where you present the facts of your case to determine if your complaint warrants judicial remedy. Civil trials can be done in front of a jury or you can have a bench trial, where both sides present the information to only the judge.

Judgement

After the trial closes, you will receive a judgment, which lays out what judicial relief to which you are entitled. 

Again, these are simplistic descriptions of the civil litigation process. Each case is unique, which means the strategy for your case may differ. If you are planning to start a civil litigation or you have already found yourself served, please contact the Boppre Law Firm to see how we can work with you to reach the best possible outcome.

If you have any questions about civil litigation or want to get started on yours, feel free to give us a call at the Boppre Law Firm!