Civil litigation is the structured process for resolving disputes between individuals or entities, typically seeking monetary damages or specific actions rather than criminal penalties. Success in this area demands a professional, strategic approach at every stage.

Here is a breakdown of the main phases of civil litigation:

1. Pleadings: Defining the Dispute

The lawsuit formally begins with the Pleadings. The plaintiff files a Complaint, outlining the claims and the desired relief. The defendant must then file an Answer, responding to the allegations and potentially asserting defenses or Counterclaims. This initial stage is crucial as it legally defines the scope of the entire dispute.

2. Discovery: Gathering the Evidence

Discovery is the second phase. In this phase, there is extensive research done that includes gathering any and all evidence that can help your case. Its purpose is to ensure both sides have access to the facts, which drives both negotiation and trial preparation.

Key tools include:

• Interrogatories: Written questions answered under oath either in writing or via video.
• Requests for Production (RFPs): Demands for documents, including financial records and electronic data (e-discovery).
• Depositions: Sworn, out-of-court testimony from parties and witnesses, allowing counsel to assess credibility and lock in facts.

3. Motion Practice: Seeking Early Resolution

Throughout the process, parties use Motion Practice to seek court rulings. A critical example is the Motion for Summary Judgment, where a party argues that the evidence gathered during discovery is so clear that there is no factual dispute, and they are entitled to a favorable judgment as a matter of law, thereby ending the case before trial.

4. Trial: The Presentation of Proof

If the case is not settled or resolved via summary judgment, it proceeds to Trial. The plaintiff bears the burden of proof, which in civil court is the preponderance of the evidence. This means the claim is more likely true than not. Trial involves jury selection, opening statements, the presentation and cross-examination of evidence, and closingarguments. A successful outcome depends entirely on preparation and skilled courtroom advocacy.

5. Appeals: Post-Verdict Review

After a verdict is delivered, the litigation may still continue. The losing party can file Post-Trial Motions or pursue an Appeal. The appellate process reviews the trial court’s record to determine if significant legal errors occurred, focusing on the law’s application rather than re-evaluating the facts presented to the jury.

Mastery of these stages, coupled with comprehensive preparation, is essential for effectively navigating the complexities of civil litigation. Our expert attorneys at Weiner Shearouse are committed to helping our clients navigate this complex process. If you need help with a civil litigation case, give us a call!

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Contact us for advice regarding your individual situation.