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If you’re involved in a lawsuit, it’s often helpful to understand what happens in each of the three phases of the civil litigation process.

Civil Litigation Basics

At the law firm of PLBH, we handle a variety of civil law cases, including workers’ compensation, employment law, social security disability, personal injury, product liability and elder abuse cases.  Some of these practice areas have a specialized system through which claims are heard, such as workers’ compensation and social security disability.  Other types of cases fall into the broader category of civil litigation, and can be filed directly in state or federal court.  So what exactly is civil litigation, and how do these cases work?

Civil law includes any type of legal matter that is not criminal.  Civil cases normally do not involve jail time or punishment.  Instead, they usually result in a court order that requires one person to pay another person money, stop interfering with another person’s rights, or do what they are legally obligated to do.  In some situations, a civil lawsuit may result in one person gaining or losing rights (such as parental rights in family law cases).

Civil litigation cases can be broken down into three main phases:

  1. Pre-Trial
  2. Trial
  3. Post-trial

The Pre-Trial Process

In the pre-trial phrase, a person with a legal issue will meet with an attorney to discuss their case.  The lawyer will do research and advise the client whether or not a lawsuit is advisable.  In some cases, a resolution can be reached without filing a lawsuit.  If a lawsuit is filed, then the other side is notified and has an opportunity to respond.  The other party can deny the lawsuit’s allegations and file claims of their own in this response.

Next, discovery begins.  This is the process where both sides exchange information about the case.  It may include written discovery, oral discovery and physical or mental examinations.   For written discovery, the parties’ lawyers send each other requests asking the other side to answer questions (interrogatories), admit something (requests for admission) or produce documents (requests for production).  In oral discovery, the parties can take depositions of anyone who might have information relevant to the case.  A deposition is similar to a trial, in that the testimony of a witness is taken under oath and a court reporter records the questions and answers.  Unlike a trial, there is no judge present at a deposition.  The attorneys ask questions of the witness, and the witness answers.  This testimony may be used at trial.  Lawyers can object to questions, but because there is no judge present, the witness usually still has to answer the questions.   Finally, physical or mental examinations are often used in cases where a party’s physical or mental condition is at issue in the case, such as in a personal injury case.

During the pre-trial phase, each party can file motions, or written requests for the judge to do something.  This may include anything from asking the judge to dismiss the case to asking the judge to limit the evidence that can be introduced at trial.  Once discovery and motion work are completed, the parties move onto the next phase: trial.

Going to Trial

During trial, each party has an opportunity to introduce evidence, including witness testimony, documents, photographs and recordings.  The trial is presided over by a judge, who makes sure that both sides follow the court’s rules and procedures. The plaintiff (the party who filed the lawsuit) presents evidence first, followed by the defendant.  The plaintiff has the burden to prove the case by the preponderance of the evidence, which means that it is more likely than not that the plaintiff’s claims are true.  Once all of the relevant evidence has been introduced, a verdict is issued, either from a judge or a jury.  Then the final phase of civil litigation can begin: post-trial.

Post- Trial Options

In the post-trial phase, the parties can ask the court to enforce an order or appeal a verdict that they believe was erroneous. An appeal can be filed if either side (typically the losing party) believes that the judge made a legal mistake or the outcome was incorrect.  A court of appeals can dismiss the appeal or hear it.  If the appellate court hears the appeal, the court can affirm the judgment, reverse it,  or send it back to the lower court  (remand it) with specific instructions to correct legal errors.

The civil litigation process can be complicated and lengthy, and is best navigated with the assistance of an experienced civil law attorney. PLBH is experienced in multiple civil litigation fields, from children’s rights to products liability and personal injury.  We offer free consultations, and in many cases, do not charge a fee unless we win money for our clients.  Contact us today at (800) 435-7542 or info@plblaw.com to learn more about how we can help you with your civil litigation matter!