The prospect of civil litigation is daunting for large corporations and small businesses alike. Understanding the process can help business owners and executives reduce the uncertainty, avoid costly missteps, and play a more active role in reaching a resolution.
What Is Civil Litigation?
The term "civil litigation" refers to the legal process to resolve a dispute between two parties that does not involve criminal actions. In civil litigation, an individual, business, or other entity pursues a legal claim against another person, business, or entity. Civil litigation can take a myriad of forms, including employment discrimination, intellectual property infringement, and breach of contract actions.
Civil Litigation: Step by Step
The civil litigation process can be lengthy and time consuming. If a civil case proceeds all the way from the filing of a complaint to the entry of judgment, the process can take months if not years. The good news is that most civil cases are settled before trial, either through a settlement or a judicial order.
Below is a brief summary of several crucial steps in the civil litigation process:
Complaint
A civil case typically begins when a complaint is filed in court. The complaint describes the plaintiff's damages or injury, explains how the defendant caused the harm, shows that the court has jurisdiction, and asks the court to order relief.
In a civil complaint, you must state both facts and legal grounds for each of your claims. A plaintiff also has the burden of proof, which means that you must convince the jury or judge that the facts are true and that there are legal arguments to support each claim.
In most civil cases, the plaintiff has the burden of proving the case by a preponderance of the evidence. The standard is met if the proposition is more likely to be true than not true. By comparison, in criminal cases, prosecutors bear a much higher burden of proof. They must prove "beyond reasonable doubt" that the crime has been committed. This distinction explains why defendants may escape a criminal conviction only to be held liable in a civil suit.
Service of Process
After you file your complaint with the court, you must have a copy of it delivered to the other party (the defendant) in accordance with the applicable rules of the court. This is known as "service of process." Once you have served the other party, you must file proof with the court that you have done so, which is known as "return of service."
Answer and Counterclaims
The next step in civil ligation is for the other party to file an answer to your complaint. The "answer" is the other party's written response to the claims you have made. An answer must also be served on the plaintiff and filed with the court. The defendant may also respond by filing a counterclaim against you, or by involving another party in the case. The claims raised by others then become part of your case.
If the defendant fails to file an answer or otherwise respond to your complaint, this inaction may result in the entry of a default judgment. A default judgment is when the judge grants the plaintiff's request and enters judgment in favor of the plaintiff without hearing from the defendant.
Discovery
Discovery is the process that each party uses to get information from the other side. There are several different types of discovery and each is governed by its own rules. Below are several common examples:
- Interrogatories: Interrogatories are written questions to be answered in writing and signed under oath that one side sends to the other.
- Requests for Production of Documents: Each side can ask the other side to provide copies of documents relevant to the case, which may include contracts, emails, etc.
- Depositions: A deposition is an opportunity to question the other party or a witness in the case. Depositions are typically recorded by a court reporter and a transcript may be prepared.
- Requests for Admissions: Each side can ask the other side to admit or deny statements related to the case.
Motion Practice
Each party may also file requests, referred to as "motions," with the court seeking rulings on the discovery of evidence or on the procedures to be followed at trial. After discovery is over, either party can file a motion for summary judgment, which asks the court to examine the evidence that is not in dispute and decide in favor of the party asking for summary judgment. If one side wins summary judgment, the court will enter a judgment, and the case ends. If neither side wins at summary judgment, the case will be scheduled for trial.
Settlement Negotiations
Even if you have a strong case, there is no way to be absolutely sure how a judge or jury will respond to the arguments made by each side. As a result, most civil lawsuits are resolved outside of the courtroom.
Settlement negotiations can take place at any point in the civil litigation process. In many cases, the court will order the parties to engage in settlement discussions or even meet with a mediator to help reach a resolution.
One of the most significant benefits of settlement is the ability for the parties to control their own destiny and exercise complete control over the terms of the agreement. Settlement also allows the two sides to explore more creative solutions, such as payments over time, or exchanging different assets from those in dispute. Settlements can also be structured to ensure that the terms remain confidential, which can be beneficial for litigants hoping to keep a dispute out of the spotlight.
Trial
At trial, the parties present their evidence and arguments to a judge or jury. In a wide variety of civil cases, both sides are entitled under the U.S. Constitution to request a jury trial. If the parties waive their right to a jury, then a judge will hear the case.
The trial begins with attorneys for each party making opening arguments in which they lay out their cases to the judge or jury. The plaintiff's side then calls witnesses, who may be cross-examined by the defendant. Next, the defendant's witnesses are called, who may also be cross-examined by the plaintiff. Once there are no more witnesses, the attorneys for both parties will deliver their closing arguments.
Verdict and Judgment
Finally, the judge or jury delivers a verdict, and the court awards judgment. A judgment is the final decision of the court. It resolves the dispute between the parties by determining the rights and obligations of each party and is almost always issued in writing. A judgment may order one party to pay the other monetary compensation or direct the party to do something, such as carry out a specific task.
If either part is dissatisfied with the verdict, they may appeal. This involves asking a higher court to review the trial court proceeding. If you decide to appeal your case, you should be aware that there are strict rules and deadlines you must follow. This is also no guarantee that the appeals court will overturn the trial court's decision.
Building a Successful Civil Case
To succeed in a civil lawsuit, you need the law and the facts on your side. However, you also need the evidence to back you up. The following tips can help build a strong case:
- Be proactive in protecting your rights: Contact an attorney as soon as you suspect you may have a legal claim or may be facing a lawsuit. This helps put you in the best legal position from day one and can help you avoid mistakes that could hurt your case.
- Organize and preserve your evidence: Documents are essential to proving most cases, so it is imperative to gather everything you need before it may be lost or destroyed.
- Retain all original documents: Whenever possible, preserve your original documents, recordings, video and photographs because they represent the best evidence to support your case.
- Gather testimony from supporting witnesses: Witnesses can bolster your case, particularly when such individuals have firsthand knowledge of the dispute, i.e. a manager who observed an employee violating company policy.
- Maintain your credibility: Integrity and honesty can go a long way with a judge and jury. While legal disputes can be extremely frustrating, taking the high road will almost always help your case.
Experience Is Key to Successful Civil Litigation
When faced with high-stakes civil litigation, experience matters. Scarinci Hollenbeck's team of highly skilled litigators has a proven track record of routinely resolving complex disputes in the best interests of our clients, which include Fortune 500 companies, small, privately held businesses, as well as individuals and families. When a trial is necessary our clients benefit from years of successful trial experience our attorneys have to offer.
We partner with our litigation clients to strategize an end game, while always keeping the big picture in mind. We understand the emotional and economic importance of the litigation process to our clients. To that end, our litigation attorneys are committed to timely, effective, and honest communication with our clients during the entire course of our representation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
