An Overview of the Civil Litigation Process

When parties disagree on a fair resolution of a dispute between themselves, they can present the case to a court for judgment through a process known as civil litigation. Through litigation, parties can resolve civil issues such as trademark infringement, insurance coverage, personal injury, and employment disputes, among many others.

Before filing a lawsuit, the plaintiff initiates several pre-lawsuit processes. This typically involves demanding that the party that caused the alleged injury take suitable action to resolve or remedy the issue. If the issue is not resolved, the plaintiff may seek legal redress by filing a lawsuit with the help of a lawyer.

Even in a small civil dispute, a lawyer can give one party, either the plaintiff or defendant, an upper hand, for they understand litigation law, which can be complex. Federal rules and procedures govern litigation in federal courts. These include, among others, the Rules of Evidence, the Rules of Civil Procedure, Rules of Bankruptcy Procedure, Rules of Appellate Procedure, and Rules of Criminal Procedure. The standing orders of judges and local court rule further supplement these rules.

In addition, hiring a litigation lawyer when seeking legal rights arises or someone has been sued may lead the other side to reconsider their actions and opt for an alternative resolution mechanism. If the case proceeds to litigation, a lawyer is best placed for the ensuing litigation battle.

After filing a lawsuit, the parties conduct the discovery process. Discovery is the mandatory exchange of relevant documents and information between the disputing parties. Besides exchanging physical evidence, the discovery involves the formal interviewing (deposing) of witnesses. Preparing and responding to discovery requests in lawsuits is tedious and expensive. Often, this stage represents the bulk of the litigation work done throughout a case.

Although many litigation cases don’t go to trial, some still do. Each party presents its case before a jury or court if it reaches that stage. Some civil cases, especially those involving monetary damages, are tried before a jury. If it’s a jury trial, the parties participate in the jury selection process before the trial begins. The court provides a trial date and the time it deems suitable to hear the trial. Before setting the trial date, the parties must provide a list of dates that may be unsuitable.

First, the plaintiff presents their case, and the defendant can respond against the allegations. After each party has made their presentations, the other party is accorded the choice to respond to the previous claim. The parties rest their cases once they have adequately demonstrated their side of the situation.

During the trial, the court hears the legal submissions and witness evidence. If the case warrants expert evidence, it’s also presented at this stage. Except in straightforward cases, the court often reserves judgment rendered later in a short court hearing if a jury heard the case.

In a civil case, either of the parties may appeal against a judgment in a higher (appellant) court. In an appeal, the appellant (petitioner) must supply evidence to show that the case was improperly handled and reasons why the court should re-examine the case.

Grounds for appealing a ruling may vary based on the particular case. However, common reasons include improper exclusion or admission of evidence, jury or prosecutorial misconduct, or abuse of discretionary powers by the judge.