Civil lawsuits are cases which can be filed on the
behalf of a plaintiff or perhaps petitioner, asking the courts to grant these a
judgment in protecting their rights, recovering property and assets from your
defendant or award them monetary damages coming from an incident or accident.
Some samples of civil matters include: Breach of contract, house ownership and
rights, administration of wills, division of assets within a divorce, probate
and guardianship.
The process of a civil suit is quite detailed and
complex and hiring a litigation attorney to represent you within your civil
case will maximize your chances of having a judgment awarded on your side.
Litigation attorneys have extensive knowledge pertaining to be able to civil
laws, as well as years regarding experience in trying civil cases.
Starting any Civil Suit: Let Your Lawyer Do the
particular Legwork
The first steps in filing a civil lawsuit will be the
most meticulous, thorough and time-consuming part of one's case. After you have
hired your law suit lawyer, he or she conducts an initial investigation to examine
your case to ensure there is ample evidence and documentation to guide your
lawsuit. This includes researching the law as it relates to your specific
situation and reviewing documentation which you have provided.
If your lawyer is confident that there is enough
evidence to support your claims, they will then enter pleadings to the
appropriate courts. These include formal charges brought from the plaintiff,
which will start with your law suit attorney drafting a Summons and Complaint
regarding Lawsuit. The Summons and Complaint is the original allegation stated
by the plaintiff, which will likely then be served upon the defendant. The
defendant then gets the opportunity to reply to the charges that may include a
counter-claim against the plaintiff. The plaintiff then gets the opportunity to
respond to any claims the defendant has stated in their response.
Following your final pleadings have been filed, your
attorney will likely then begin the most time-consuming portion of the case:
The discovery process. The discovery method is where litigation lawyers develop
their circumstance strategy by gathering and examining evidence. Evidence may
be physical and circumstantial, as well as account from witnesses. Your
litigation attorney will next conduct interviews with potential witnesses,
which can include interrogatories and depositions. Interrogatories are written
questions that want written answers for documentation purposes, while
depositions include witnesses being questioned under oath with the complete question
and answer session being recorded by way of a court reporter. Depositions are
incredibly useful regarding litigation attorneys, as they are often used to
indicate discrepancies and inconsistent information coming from witnesses. They
could also be used as evidence in court in lieu with the physical presence of a
witness who is probably not present at a hearing.
Litigation Attorneys Represent Clients inside the
Pre-Trial and Trial Phases
The pre-trial phase is when litigation legal
professionals fine-tune their case strategies by retaining expert witnesses
presenting technical information to the court in a great unbiased manner. This
is also the time and energy to decide whether to have your case heard by way of
a Trial-by-Jury or to hold a Bench Demo. In the pre-trial phase, if a
Trial-by-Jury is determined upon, representatives for both parties will
interview potential jurors so as to create a fair jury panel. If equally
parties favor a Bench Trial, they waive their directly to have their case heard
by a jury and instead prefer to have their case heard, reviewed and dependent
on a judge.
The trial process begins with representatives for the
plaintiff and the defendant providing the judge using a brief, which outlines
the arguments and evidence which will be presented at the trial. Litigation
attorneys will likely then present their opening statements to the determine
and/or jury, which will be followed by opening statements from your defendant's
representatives. Evidence will then be presented to the court for both parties.
After all of the evidence continues to be submitted, representatives for both
the plaintiff as well as the defendant will present their closing arguments.
Ultimate Judgment: Having a Litigation Lawyer Collect
Given Damages
In the event that a judge and/or jury rules and only the
plaintiff, the defendant must comply with all the ruling. If the defendant
chooses not to be able to honor the judgment, the plaintiff must put in force
the court order through other means. Litigation lawyers could work on their
client's behalf by filing any Writ of Execution, which is a court docket order
that enforces the monetary judgment in opposition to a defendant. A Writ of
Execution can include the seizure of the defendant's property from the sheriff,
where it will then be sold with a sheriff's sale with the proceeds going for
the plaintiff to satisfy the judgment. Bank account and wage garnishments could
also be used to collect monetary judgments, as well since filing property
liens, which place the subject to any real property under a frost nova, in
which the defendant cannot trade or sell before the judgment has been paid.
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