Are you planning to sue another person due to an issue outside of criminal laws? This could be a personal injury lawsuit, contract dispute, or some other matter unrelated to a crime. If this is the case, you'll be filing a civil lawsuit in court to receive compensation. Here is what you need to know about the process involved with a civil lawsuit.
Consultation
The first step is to consult with a lawyer about your case. The consultation is typically free, and the lawyer will look at the details of your case to determine if you have a valid lawsuit. This is to ensure that the case meets the criteria of the statute of limitations in your state and the lawsuit would be valid in court. For example, you may have waited too long to file a lawsuit, and the case will be thrown out in court.
Pleadings
The initial step is known as the pleadings, which is when each side of the lawsuit files documents that state their side in the case. You will file the complaint document as the plaintiff, and the defendant will file an answer. Your complaint will state things like how your case has jurisdiction in the court system you are filing with and generally states the reason for the lawsuit.
Discovery
The discovery process is when both parties of the lawsuit can gather evidence to help strengthen their case. There may be a request for you to send documents to the defendant, or your lawyer can take depositions from witnesses. You can even request a written interrogatory, which is when you submit questions to the defendant that you are seeking answers to.
Trial
You will likely use a bench trial for your case, which is when no jury is involved and the case is decided by a judge. However, you also have the option of a jury trial. Prior to either type of trial starting, you'll be required to submit a brief to the judge. This is a document summarizing your case and what you would like the court to consider that is relevant to the lawsuit.
The plaintiff always presents their case first in a trial, which is then followed by the defendant. As the plaintiff, you can then present rebuttal evidence to support your case and counter anything the defendant has presented. This could include providing supporting documentation, exhibits, or presenting expert testimony. Anything presented can be cross-examined by the defense.
The judge or jury will then take time to make a decision on your case. If you do not agree with the verdict, then you have the option to appeal the case to an appellate court.
Contact a civil lawyer's office, such as the Law Offices of Eric K. Krasle, to learn more.
Share24 June 2022
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