Filing a civil suit can be an intimidating process. Whether it be a breach of contract, property damage, or personal injury, getting from start to finish in a civil matter can be confusing and time-consuming. This article will answer the question of what happens in a civil case.
Key Takeaways
Before the Lawsuit
First, it is good to know whether you have a case. This starts with knowing what cause of action you wish to bring and whether the facts of your case meet those criteria. Be sure to make note of the Statue of Limitations with respect to your cause of action. If a significant amount of time has passed between the incident and the filing of your complaint, the judge may dismiss your complaint before hearing it on the merits.
In addition, you should gather as much evidence as you can and organize it so that you don’t waste time as the case is going on, and make sure you preserve any evidence that may get lost throughout the litigation. Photographs, videos, emails, and contracts can all play a vital role in making your case.
After you have researched your case and gathered all of the evidence, the next best thing to do is to seek legal counsel.
The Complaint
Once you have done the legwork to gather all the information together and selected the right attorney, now begin the first step of civil litigation, filing the “Complaint.” The Complaint is the foundation of the lawsuit. There, the plaintiff lays out the facts of the case, the basis for the court’s jurisdiction over the matter, and their cause of action against the defendant. The Complaint is filed with the court and later served on the defendant. Once the defendant is served, the clock begins to tick, and the defendant must respond.
The defendant has two choices when faced with being served with a civil complaint, respond to the complaint, or attempt to get the case dismissed. If the defendant decides to defend the case on the merits, the next move is to file a response to the complaint (the “Answer”). However, in some cases, the defendant may file a motion to dismiss. A motion to dismiss alleges that there is some defect in the complaint that necessitates that the lawsuit be thrown out. There are several reasons that a defendant may file a motion to dismiss, including but not limited to:
- Lack of personal jurisdiction;
- Lack of subject matter jurisdiction;
- Improper venue;
- Duplicative filings; or
- Failure to state a claim for which relief can be granted.
If the motion to dismiss is denied, the defendant then needs to go back to option one and file an Answer to the Complaint.
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Discovery
After the parties have made their respective appearances and submitted their initial filings, the case enters a period called discovery. Discovery is where both parties have the opportunity to gather all the relevant evidence to their case, both from each other and from neutral third-party sources, to prepare for trial. This process can take the form of depositions (interviews conducted under oath which can be admitted at trial), interrogatories (written questions made for the purpose of being admitted as evidence), or requests for production (filings to the court demanding that the other party produce some form of evidence).
Discovery is a vital part of the civil court process. It may take a matter of months, or it may take several years to complete depending on the complexity of the case, docket congestion, and the willingness of the parties to cooperate with each other.
Pre-Trial
Before the trial begins, the parties may meet to decide whether they want to end the dispute now or continue to trial. Sometimes, a judge will order a pre-trial settlement conference to force the two parties to come to terms with each other. This can take the form of mediation or arbitration. In mediation, the two sides meet with a third party, or the mediator, who tries to bridge the gap between them. Arbitration is quite similar to mediation, but in the end, the arbitrator decides which party is in the right. Arbitration can be binding or non-binding. In binding arbitration, the arbitrator’s decision is final, and the case ends before trial. In non-binding arbitration, the parties can agree to settle their dispute at the end of the meeting or continue on to trial.
After the conclusion of discovery, oftentimes one or both parties feel they have enough evidence to warrant a decision in their favor. One way for the dispute to end is for the judge to decide that the evidence weighs in favor of one party and that there is no way the other party can win. This is known as summary judgment, and it saves many cases from even having to go to trial. Essentially, after the judge approves a briefing schedule, one or both parties move for the judge to decide the case in their favor. One or both parties may then file a response brief. The moving party can then file a reply to that response. After the court has considered all the briefs, it can then
Trial
When people ask what happens in a civil case, most think about trial. While a trial can certainly be dramatic, it is likely the shortest part of any given civil case.
There are two kinds of civil trial, jury and bench trial. In a bench trial, both parties make their case before a judge, who then decides all legal and factual questions involved in the case. However, the plaintiff has the right to ask for a jury trial, where a set number of jurors will be pulled from the general public to answer all factual questions involved in the case. Deciding between whether to choose a bench trial or a jury trial involves a number of factors including:
- The complexity of the case;
- Whether the plaintiff wants to incur the additional costs and delays associated with a jury trial; and
- Whether one party appears more sympathetic than the other.
The trial begins with the parties’ opening statements. Essentially, both parties are given a chance to show the judge/jury the most compelling version of events from their perspective, and to roadmap how they will prove their side is in the right.
The plaintiff is then given an opportunity to put witnesses on the stand, question them, and use them to introduce evidence into the case. The defense is allowed to make objections, both to the questions asked and to the evidence presented, and to cross-examine any witnesses brought forth by the plaintiff.
After the plaintiff rests their case, the defense is allowed to do the same thing. The defendant will bring their own witnesses, question them, and use them to admit evidence they want on record. The plaintiff is allowed to make objections and cross-examine the witnesses of the defendant.
At the conclusion of the trial, both parties will make their closing statements, summarizing the results of the trial and putting their client in the best light. If the parties are elected for a bench trial, the case ends there with the judge making a decision as to who wins. However, in a jury trial, the jurors are given time to deliberate
Appeal
After the trial has concluded, one or both parties may feel they have been wronged by the verdict. The same goes for cases that were resolved earlier on summary judgment. In this event, the parties may elect to appeal their case. The key thing to understand about appeal in civil court is that questions of fact cannot be appealed except in extreme circumstances. Appeals courts distinguish between different aspects of a civil case and questions of fact and law. Questions of fact involve the underlying basis for the case (who did what, where, and when to whom). Questions of law, however, are about how to interpret the law as it applies to those facts (is a piece of evidence admissible, was this objection properly made, what state law/rule should apply). The appeal is mostly reserved for whether or not a question of law was decided properly. Therefore, jury decisions are rarely overruled on appeal.
Hopefully, now you have a better understanding of what happens in a civil court case. Between filing the complaint, going through discovery, and then to trial and appeal, the experienced attorneys at O’Flaherty Law are here to help you every step of the way. Call us at 630.324.6666 to schedule a consultation today!
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