Steps To File Civil Litigation Case

Posted by Alan Finkel on January 23rd, 2024

A civil lawsuit can appear difficult or confusing to individuals who are unfamiliar with legal procedures. If you are involved in a civil action, don’t be discouraged by the various stages or legal language. Understanding the stages & language of civil cases is critical for staying informed throughout the legal process. in this insightful guide, we’ll break down the basic steps of the civil lawsuit process to help clients understand what is going on with their case.

Let’s begin with the civil litigation specified steps or proceedings….

Your first step should be to seek legal information regarding your potential lawsuit from potential attorneys, specifically an expert California personal injury lawyer. You must ensure that you have a valuable case before wasting time & resources bringing a case that is unlikely to be successful or make it to trial. An experienced attorney can help you assess the strength of your case. Moreover, you should also ensure that your lawsuit is inside the statute of limitations in your state. Consult a legal representative to ensure that you are filing the case within the proper time frame.

However, consultations are confidential, therefore do not withhold any information regarding your situation from an attorney. It is preferable to offer all relevant information during a session since it provides your potential attorney with a thorough view of the issue & allows them to plan future measures accurately. An open & honest conversation will provide you with the most accurate prognosis of your case’s result.

By following an initial consultation, your civil lawsuit case will proceed via four usual steps:

Pleadings- this initial step include the file paperwork; the plaintiff will file paperwork to the relevant court to explain their side of story & the person being alleged of wrongdoing or defendant will file an answer. This step should be completed in consultation with an attorney & before submitting your case, you & your counsel must select a court that meets the following criteria:

• Subject matter jurisdiction
• Personal jurisdiction
• Venue

Your attorney will create a complaint after determining which court is best suited to your case. Once the initial complaint is submitted, the civil litigation is legally initiated.

Discovery- the second step in a civil lawsuit, it is begun when both parties begin to gather material to support their positions. Broad rights of discovery are a principle that states that both the plaintiff and defendant will arrive at the trial with as much information as feasible to present their case. Discovery begins after all pleadings are filed & continues until shortly before trial.

Trial- it’s the third step in a civil lawsuit, if the matter cannot be addressed amicably after discovery, the civil lawsuit will go to trial. Before the trial begins, both sides will file a brief with the judge. A brief is a document that summarizes the party's case and any evidence that will be presented during the trial.

Appeal- if a side disagrees with the outcomes of the trial, they may appeal the verdict. If a ruling is appealed, the civil litigation is presented to an appellate court, which evaluates the prior processes in the case. Each side will file a brief and a trial record with the appellate court. The appeal court looks for legal flaws that occurred during the pre-trial or trial proceedings. After analyzing the proceedings, the appeal court issues an opinion, which is its conclusion. The decision can either uphold the trial court’s verdict or find an error, in which case the appeal court may reverse the verdict or order a new trial to be held by the trial court.