What is Civil Litigation? - Definition, Meaning, and Steps involved

Civil litigation occurs when two or more parties become indulged in a legal disagreement that involves seeking action or money. Know every detail about civil litigation in this article.

The process of taking legal action in a court of law is called litigation. Now, the question arises: what is civil litigation?

Civil litigation is the arrangement by which public matters get settled in a court of law. Civil matters can get expressed as cases dealing with associations, such as a contract dispute between corporations or a marriage.

Rather than a case being a person versus the government, as in a criminal affair, civil cases are a person or corporation filing suit upon another person or company. 

Civil litigation is a judicial process in which criminal charges and sentences are not subject. When two or more individuals become entangled in such a non-criminal legal fight, the argument gets presented at a trial where plaintiffs attempt reimbursement or other losses from defendants.

The norm of proof is less severe in public proceedings as opposed to criminal proceedings. To win their lawsuits, lawyers in civil cases must meet the supremacy of proof standard, implying they must solely present more reliable testimony to a magistrate or jury than their opponent.

Whereas prosecutors in criminal cases must also exhibit creditable proof, they need to prove their case ahead of rational skepticism to command.

Attorneys or legal experts who practice civil litigation are known as litigators. Legal specialists who exercise civil litigation will represent a party in a hearing, alternative commitment methods, such as negotiations or arbitrations. Regulatory agencies, national, state, and international tribunals, or local tribunal regularities hear these forms of trials.  

Common Types of Civil Litigation

Many various types of legal conflicts fall under the auspices of civil litigation. For example, if an owner and tenant have a conflict that goes to a forum or a next-door neighbor faces a claim battle, these are examples of civil litigation. Other common types include:

• Personal trauma cases
• Intellectual property conflicts
• Medical negligence lawsuits
• Profession or employment disputes
• Education law disputes
• Lawsuits surrounding divorce
• environmental law, 
• products liability, 
• development cases, 
• anti-trust legislation, 
• real estate disputes, 
• worker’s compensation, and 
• education legislation. 

All of these have one thing in general – they do not involve any criminal charges. In most cases, they include wealth or capital, but that is not always accurate. Sometimes the parties may only want performance from another party and want the courts to support them to implement that.

Read more about how civil litigation works on getlegal.com

Basic steps in the civil litigation process

Civil litigation processes are a bit complex. These include various steps:

• Pleadings

Initial Papers of all parties in a trial file get acknowledged as Pleadings. The pleadings explain the side of each party in a dispute.

• The Complaint

Litigation commences when a person who wants to start legal action against somebody in a court of law files a complaint with the court. He or she has to deliver a copy to the defendant officially.

In the complaint, the plaintiff explains what the defendant did, or failed to do, that caused harm to the plaintiff. The legal basis of the complaint is for holding the defendant responsible for the harm.

• The Answer

A specific amount of time is given to the defendant to file an answer to the complaint. Generally, the defendant's side of the dispute gets provided in the answer. Counterclaims can also be filed by the defendant against the plaintiff, claiming that the plaintiff has injured the defendant and should be responsible for the harm.

In many cases, the plaintiff responds to the answer of the defendant by filing a reply. A party may request that the losses in the factual allegations should be corrected by the other party or demand the court to exclude part or all of the suit.

• Discovery

Full case preparation is critical to any successful civil litigation. Discover is the method by which both parties gather relevant information from each or third parties. 

To help clients and their lawyers assess the merits of claims and defenses, research of the law, witness interviews, and document review and organization should get done correctly—the extent to which these steps get determined by the issues of the case. 

It is usually the longest part of the case. It starts as soon as a lawsuit is filed and generally does not stop before trial. The parties ask for facts and issues of the case from each other. Interrogatories get used, in which information is gathered formally through written questions.

Both parties request copies of documents and admission of the facts. Depositions, in which witnesses are questioned and recorded under oath by the parties' attorneys, may also be used to learn more about the facts of a case and about what the different witnesses contend happened. Recording, sometimes, may also be used at trial if the witness does not attend the trial.

• Expert Witnesses

Sometimes a claim or defense requires support from expert witnesses to validate an argument or explain technical information. These expert witnesses might get needed to assert the connection between the loss suffered by the plaintiff and the defendant's conduct. 

Party representatives want expert witnesses and attorneys to work closely with them to prepare the case properly.

• Motions

The parties may use motions to request the court to order or act before trial. 

Motions are usually a concern to law or facts in the case. Sometimes they seek resolution of procedural disputes between the parties.

Some motions dispose of issues without trial. Others might ask the court to order a party to produce documents or to exclude evidence from trial.

• Timing

The duration of a lawsuit depends on various factors:

• issues of the case,
• amount of discovery to get conducted,
• court scheduling and availability

The parties usually decide the timing of discovery guided by the rules of the court. The court sets the dates of the trial. Scheduling and timing are generally different between federal and state courts.

• Trial

The parties present evidence supporting their claims or defenses to a jury and/or judge in a trial. Each party provides a document to the judge, called a "brief," that outlines the arguments and evidence to be used at trial.

Bench trials, kind of a trial, do not involve a jury and are decided by the judge alone.  In an opening statement, each party presents its outline of the case. Then evidence is presented. Each party can call witnesses or introduce documents and proof in support of its arguments.

The opposing party can cross-examine the witness after each witness is called and questioned. The plaintiff first provides evidence, then the defendant. Once all the evidence gets presented, both parties give their closing arguments.

After closing arguments, the court directs the jury on the law to apply to the evidence. After deliberating, the jury then reaches a decision or verdict.

• Post-Verdict

The verdict of the jury can also get challenged by a party. Common reasons for challenging a jury's verdict are:

• mistakes of law done by the trial court,
• jury's disregard of law or evidence.

Notwithstanding the decision, a motion for judgment asks the court to dismiss the jury’s verdict and enter a different decision. A motion for a new trial requests the court to order a new trial of the case and set aside the jury’s previous verdict.

• Costs and Fees

The winning party of a trial can file a motion asking the court to order the losing party to pay the costs of the ruling party to defend or prosecute the case. 

It covers all out-of-pocket costs a party incurs during litigation. Recoverable costs are defined by rules, statutes, or private agreements. Attorneys' fees are generally not included. 

Some statutes and contracts also permit the prevailing party to seek reimbursement of its attorneys’ fees from the losing party.

• Appeal

A party who is unsatisfied with the result may appeal after the trial. During an appeal, a higher court is asked to review the trial court proceeding by a party. 

The parties present the arguments in briefs, submitted to the appellate court along with the record of evidence from the trial court. The appellate court usually reviews cases for legal error only. 

The appellate court will not override a jury’s findings of fact or review factual evidence except under unusual circumstances. The decision of the appellate court gets announced in a document called an opinion. The appellate court will assert the verdict if it finds that there was no error in the trial court proceeding. 

The appellate court can change the verdict or order the trial court to direct a new trial in case of any fault.  An appeal may extend the civil litigation process by a year or more.

• Alternatives to Litigation

Alternatives to Litigation are useful in a biased manner as they save time and curtail expenses, but they may not occur in a decisive judgment of the conflict. For timely implementation, the desirability of these alternatives should get evaluated early.

• Settlement

It is intellectual at the rise of any litigation procedure to evaluate the potential for an out-of-court settlement. Indeed, most affairs sink before approaching the trial stage. Settlement can get discussed by either party during litigation and is often a cost-effective alternative to trial. 

• Mediation

The parties may be ready to negotiate an arrangement without external help, but it is normal to include an impartial third party, known as a “mediator.” The mediator’s job is to support the parties’ settlement purposes. The parties choose the mediator, who meets personally with each party to consider the strengths and vulnerabilities of each side’s case. 

• Arbitration

Arbitration is an antipathetic process in which the parties select an impartial third party, called an “arbitrator,” to settle their conflict. In arbitration, the parties confer evidence and explain the case to the arbitrator, deciding which party wins. The method is abbreviated and less conventional than a trial. 

• Teamwork

A concrete result in litigation is approximately always the outcome of teamwork. By using a team strategy, clients and legal guidance can adopt the litigation policy that best satisfies the clients’ risk limit and overall business goals. Clients participate by implementing business expertise and knowledge of the facts. Legal guidance provides expertise on the legal issues, the client’s options for decision, the trial process, and potential danger and rewards.

Role of a Civil Litigation Attorney

An attorney specializing in civil litigation is known as a “litigator” or a “trial lawyer.” The role and liabilities of a civil litigation attorney can be challenging and distinct. Lawyers practicing in this field must be ready to assume oppositional opinions, covering conflict and disagreement. 

They serve as their client's advocates, committed to fighting for them to deliver the best likely result. Attorneys and litigation paralegals in this profession often work extended hours, especially during a trial. 

Specific key legal abilities and understanding are necessary to litigation practice, including:

• Knowledge of substantive and procedural law
• Strong written and oral advocacy skills
• Analytical and logical reasoning abilities
• Superior interpersonal skills
• Knowledge of legal research techniques and software
• Client development skills
• Negotiation skills

Litigation lawyers often serve their clients beyond a variety of associated processes, including pretrial discussions and testimonies, as well as arbitration and mediation. The following processes get geared toward having the two parties settle without spending the time and grasping the expense of going to court. 

The difference between arbitration and mediation is that arbitration gets overseen by an arbitrator who listens to both sides make their case and present evidence before handing down a decision. In contrast, mediation involves a mediator engaging all parties and helping them reach a mutually agreeable resolution to their dispute.

In civil litigation, the attorney’s role is multifaceted. At the primary meeting, the lawyer helps a person decide if their suit has an advantage or if they hold the position to fight against charges brought upon them. If the case proceeds forward, the attorney begins the tiresome process of gathering proof and questioning people about the case. The attorney also helps prepare all the necessary documentation, including the brief, objection, or response. 

Eventually, the lawyer interprets the person in court, displaying evidence, cross-examining witnesses, and giving the opening and closing remarks. Choosing an able attorney is crucial to presenting a solid cover with clear evidence and reaching a positive conclusion.

Conclusion

According to the Civil Litigation definition, it is a kind of arrangement by which public matters, such as a dispute regarding marriage, are resolved in a court of law. In Civil Litigation, some basic steps need to be followed for the proper conduction of the case.

If you want to file a civil litigation case and want the defendant to get punished or compensation, you must see a civil litigation attorney. The attorney will provide you with proper guidance on preparing to file a civil litigation case and do your best in the trial to get the expected results.

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