What Is the Process for Civil Litigation?

Civil litigation is the legal process for settling a dispute between two or more parties who seek money damages and not criminal charges. It encompasses a variety of disputes. A lawyer specializing in civil litigation is known as a trial lawyer or litigator.

Types of Civil Litigation

A lawyer specializing in civil litigation represents people in hearings, trials and mediations in a broad range of cases. Some types of civil litigation include environmental law, personal injury cases, real estate, worker's compensation and disputes between landlords and tenants.

The Stages of Civil Litigation

There are seven stages of civil litigation, although, not every case will go through all seven stages. The stages are investigation, pleadings, discovery, pre-trial, trial, settlement and appeal. Most lawsuits are settled before going to trial, and many cases are never appealed once a verdict is rendered. A civil litigation case can last from months to years depending on how complicated the case is.

Steps Before Going to Trial

Investigation, pleadings, discovery and pre-trial must all take place prior to a trial. The discovery stage is by far the longest part of a civil litigation case. The plaintiff will usually try to settle the complaint and come to an agreement to avoid litigation. If a settlement cannot be reached, the plaintiff will file a complaint with the court. The defendant receives a copy of the complaint and is given time to respond. The defendant can decide to settle the case or it may be ordered into arbitration by a judge. If this does not resolve the case, a trial may be necessary.

During a Trial

The first step is to decide if the trial will be held in front of a jury or presided over by a judge alone. In the case of a jury trial, both lawyers are given a chance to interview jurors. After a jury is selected, both sides will present their case. The plaintiff will start and witnesses are called to testify. The defendant will be given the opportunity to cross-examine the witnesses. After the plaintiff finishes, the defendant will present her case. After all of the evidence has been presented, the jury or judge will deliberate the case and render a verdict. An appeal can be requested by the losing party after the verdict has been made.