Have you ever watched a legal television show where the court case wraps up nicely during an hour-long episode? In real life, the process doesn't move so quickly.
Many people are generally aware of what occurs in a civil lawsuit. However, they don't know the details of what procedurally occurs during one. Before you decide to proceed with a civil lawsuit, it helps to understand the road ahead and some of the legal jargon you'll hear. This article covers the basic stages.
A civil lawsuit is generally a case for money damages or equitable relief (in other words, what is fair). This is in contrast to a criminal lawsuit in which the government brings charges against a person (or an entity) for criminal misconduct.
Each state, as well as the federal government, has its own rules and procedures for a civil lawsuit, and may have different names for each of its proceedings. Your legal counsel can explain the procedures. Depending on the type of claim you have (or a claim that might be filed against you), the case may be in state or federal court.
In any event, procedurally the stages of a U.S. civil lawsuit generally occur within the following six categories:
The first step involves one party filing a complaint in the pleadings stage. This can include:
After the pleadings, the lawsuit enters the discovery stage. Usually discovery entails:
A motion is basically a request or an application to a court asking for a ruling. There are many different types that can occur in a civil lawsuit, including a motion:
There are also various pretrial and posttrial motions.
After the discovery stage, the parties must prepare for trial. This is very time consuming because, in order to be well prepared for a trial, each party must develop its case and defenses. This includes crafting opening and closing statements, preparing direct and cross examinations, providing jury instructions to the court and getting the witnesses ready to testify.
Most people are familiar with the trial procedure. However, a civil trial is usually not as dramatic as the criminal trials seen on most television legal shows. A trial is usually based on the specific facts supporting a money damage or equitable relief claim. The trial could be a jury trial or a nonjury trial. If it is a jury trial, the parties must pick the jury before it begins. Part of this process involves your lawyer interviewing prospective jurors to ensure they can be impartial.
If the trial is a "bench trial," in which a judge hears the case (rather than a jury), the judge may request each party to submit a posttrial memorandum or brief. These documents set forth the cases so the judge can review the positions of each party before making a decision. After the judge or jury reaches a decision, the losing party can attempt to appeal or vacate the decision.
In conclusion, the stages of a civil lawsuit are generally complex and can involve cumbersome tasks. Depending on the case and the parties involved in the action, many lawsuits can be extremely expensive and take years to complete. So, if you ever thought, "I'm going to sue them," or heard someone say, "I'll see you in court," think twice before getting involved in a lawsuit. Attempting settlement may save you money and time, and most importantly, peace of mind.
Many types of legal issues are civil rather than criminal, including:
In a civil suit, the parties don't face jail time. You may recall that, in centuries past, people could go to prison if they failed to pay their debts. (It was called debtors' prison.) However, fear not. There is no longer a debtors' prison in the United States. Only after a criminal conviction can a person receive a prison sentence. However, in a civil suit, a court could hold a person in contempt for failure to comply with an order and, as a result, the individual could be sent to jail until he or she complies with the court order.
1. Is there still time? Lawsuits generally must be filed within certain deadlines, called the statute of limitations. The exact time period varies depending on the type of case and the state. Your attorney can advise whether you are within the prescribed period of time.
2. Can you collect? Let's say you are successful in court and awarded a judgment. Many people are under the impression that all they have to do is walk into court and pick up the cash. Unfortunately, it's not that easy, especially if you're dealing with an uncooperative party or one with few assets. Your attorney can help assess whether the party you want to sue has assets available.
Get in touch today and find out how we can help you meet your objectives.
