Civil Litigation
Generally the legal system is divided into two major categories: criminal and civil. Criminal applies to offenses against the state, such as breaking a law that the general public has an interest in prosecuting.
Civil litigation is a means of handling private disputes. An individual's rights have been violated in some way that entitles him or her to relief. When disputes arise based on private matters, civil litigation provides a means for resolving the dispute.
Civil litigation is not a substantive area of law. Instead it's the procedure for handling disputes that arise in a non criminal venue, which can range from family law to personal injury. If you are facing civil litigation, one of our experienced attorney can make sure that your interests are represented.
Civil Litigation & Civil Procedure
Litigation proceedings depend 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, typically the federal rules will apply, but in some instances the state rules may still apply.
You can't always choose between filing in state and federal court because there might be complicated jurisdiction issues. The basis of your lawsuit, the parties involved, the remedies sought and even the value of your claim may affect where you can file.
We have attorneys licensed in many states and in federal courts so if you need representation either in state or federal courts, rest assured that one of our experienced attorneys will be available to assist you.
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 or she is being sued. Usually, this is done by serving a summons to appear in court on the defendant.
After the defendant is put on notice that he is being sued and he or she 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 the court where 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 the 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 important. The rules of civil procedure set out guidelines and time limits to when you must file, make discovery requests, provide witness lists and comply with other requirements. You must also deal with the actually case at hand.
Civil litigation is a time consuming affair, but having an experienced attorney can make a difference. One of Thoronka Law experienced attorneys will certainly be available to handle your case.