Civil Litigation is a Process!

Generally, the legal system is divided into two major categories: Criminal and Civil. Most people are acquainted with criminal law, even if they have not dealt with it personally. Criminal law applies to offenses against the state-i.e. breaking the law-in which the general public has an interest in prosecuting offenders.

Civil litigation, on the other hand, is a means of handling private disputes. No laws have been broken, but an individual's rights have been violated in some way which entitles him or her to relief. When disputes arise based on private matters, civil litigation provides a means for resolving the dispute, namely, a lawsuit. Civil litigation is not a substantive area of law. Instead it is the procedure for handling disputes that arise in a non-criminal venue, which can range from family law to personal injury to tax law. If you are facing civil litigation, an attorney can make sure that your interests are represented.

Civil Litigation & Civil Procedure

Whatever the nature of your dispute, the manner in which the litigation proceeds depends on the relevant rules of civil procedure. The applicable rules of civil procedure depend on where the lawsuit is filed (either state court or federal court). Generally, if the lawsuit is filed in state court, then the state rules of civil procedure apply. If the lawsuit is applied in federal court, most of the time the federal rules will apply, but in some instances the state rules will still apply. However, you can't always choose between filing in state and federal court. There might be complicated jurisdiction issues. The basis of your lawsuit (the cause of action), the parties involved, the remedies sought, and even the value of your claim may affect where you can file.

How Civil Litigation Begins

All lawsuits begin the same way: the aggrieved party (the plaintiff) files a complaint with the court. The plaintiff must also provide notice to the defendant that he is being sued. Usually, this is done by serving process (a summons to appear in court) on the defendant. After the defendant is put on notice that he is being sued, he can take different actions depending on the nature of the complaint. The defendant can answer the complaint or contest the validity of the complaint. For example, the defendant can assert that the plaintiff's complaint does not allege a claim for which relief can be granted or that the court in which the plaintiff has filed does not have jurisdiction over the defendant.

The Process

Should the court determine that the complaint is proper and there is a legitimate claim, then the civil litigation will proceed and ultimately lead up to a trial (unless a settlement is reached). In the meantime, a process called discovery takes place. The purpose of discovery for both parties is to build their cases, namely by learning facts. This fact-finding is accomplished by several methods, such as depositions and interrogatories. The manner in which parties can gain information is also dictated by the rules of procedure. In civil litigation, timing is also important. The rules of civil procedure set out guidelines and time limits to when you must file, and when you must make discovery requests, provide witness lists, and comply with other requirements. On top of all these logistics, you must also deal with the actually case at hand. Civil litigation is a time consuming affair, but having the right attorney can make the difference.

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