By Chris Ringham 09 Apr, 2019 0 Comments

6 Easy Steps To Understanding Civil Litigation

How To Understand Civil Litigation In Six Easy Steps

Civil litigation is the term used for when two or more parties are embroiled in a legal dispute, where one or more of the parties are seeking money or other reparations as opposed to criminal sanctions. Civil litigation cases can and do end up in front of a judge in a courtroom.

Request An Appointment

Of course, understanding the tenets of civil litigation is not always easy – during such cases, companies and individuals will seek the advice of a lawyer who specialises in civil litigation – known as a “litigator”. This can help make navigating the path of a civil litigation suit that little bit easier. Below are the key steps to civil litigation to help you gain a deeper understanding of the process.

There are lots of reasons why civil litigation cases take place, such as:

  • A contractor delivered sub-standard work which needs to be rectified
  • A client has experienced a loss of earnings due to work not being completed on time
  • A contractor has damaged property belonging to a client while executing their duty

Civil Litigation Meaning: The Six Key Steps

1) Initial Pleadings

When litigation proceedings occur, the plaintiff must serve the defendant with a court summons. This summons should be easy to understand and not contain legal arguments. The defendant should be given a limited time period to file a response via letter.

2) Disclosure

Once the defendant has responded, some courts will require disclosures. Disclosures typically involve evidence-gathering from witnesses with information about the case, the highlighting of any relevant insurance agreements or contracts in place, and a computation of the damages sought.

3) Discovery

This is often the longest part of any civil lawsuit. Both parties are given the opportunity to seek evidence via written interrogation, requests for inspection, requests for admissions (specific facts that a party must admit or deny) or depositions (the verbal examination of witness accounts). The discovery process can take a long time, depending on the complexity of the case.

4) Motions

A motion is a request for an order to be laid down by the court. Motions can be made in writing, or during a hearing. A Motion for Summary Judgement is the most common and is used when the facts have been “locked in” and completely undisputed by either party.

5) Trial

Civil litigation cases which cannot be solved by motion or settlements must go to trial, where a presiding magistrate or team of magistrates will preside over the case. This step is only taken when two parties cannot work out their differences.

6) Post-Trial Appeals

Once the court has delivered its verdict, the losing party has the option to appeal the outcome. If the party in question has good grounds for doing so, this can result in a new civil litigation case taking place.

If you require more information about how civil litigation works, why not contact Bowsers today to speak to a qualified lawyer about your case?

Request An Appointment

6 Easy Ways First Time Buyers Can Improve Their Credit Score

By Chris Ringham 23 Aug, 2019 0 Comments

If you are looking to get on the housing ladder, having a good credit score rating can be a fundamental factor in securing a financial agreement ...

Continue reading

How Long Does A Decree Nisi Take Once Applied For?

By Chris Ringham 26 Jul, 2019 0 Comments

Although divorce is something that you hope never to go through, it cannot always be avoided. The problem for many people is that, if it does...

Continue reading

Should I Negotiate My Commercial Lease Renewal?

By Chris Ringham 25 Jul, 2019 0 Comments

Tenants of commercial properties often face turbulent times around their lease expiry date. Indeed, it is common practice for landlords to propose...

Continue reading

Fixed Rate VS. Variable Interest Rate Mortgages

By Chris Ringham 24 Jul, 2019 0 Comments

When you're browsing different types of mortgages, you've doubtless come up against many different kinds. The answer to the question "what are the...

Continue reading

Discrimination In The Workplace: 4 Steps To Taking Legal Action

By Chris Ringham 22 Jul, 2019 0 Comments

Feeling discriminated against in the workplace can be an overwhelming and unpleasant experience for employees and, left unchecked, can lead to...

Continue reading

Can I Get A Divorce Without My Spouse's Consent?

By Chris Ringham 21 Jul, 2019 0 Comments

There is no doubt that divorce is one of the most monumental things that some of us will experience in our lives. However, it can be the only...

Continue reading

Subscribe Here!

the-conveyancing-process-explained-guide

Recent Posts

New call-to-action