No one ever wishes to be involved in a civil lawsuit, but sometimes it is necessary in order to receive justice. Going through the civil lawsuit process can feel daunting and it is important to understand the steps involved to ensure that a favorable outcome might be reached. Every civil lawsuit goes through five general steps and understanding each of them is essential.
Step 1: Pre-Litigation Process
Before a legal complaint is even filed, both sides will engage in a pre-litigation process. During this step, both parties will attempt to negotiate and settle the dispute without going to court. This step may involve lawyers representing each party, although it doesn’t have to. Negotiations could involve the party receiving money to satisfy the claim, or some other form of compensation or action that resolves the dispute. If the two sides are unable to come to an agreement during the pre-litigation process, the case will move on to the formal court process.
Step 2: File the Complaint
If the two parties are unable to reach an agreement, the plaintiff will hire an attorney and file a complaint in the proper court. The complaint will detail the facts of the case, as well as the legal claims that the plaintiff is making against the defendant. It needs to be accompanied by a “summons,” which gives the defendant notice of the case against them, and informs them that they must file a response to the complaint within a legally-ordained amount of time.
Step 3: Serve the Defendant
Once the complaint is filed, a process server will serve the defendant with a copy of the complaint and summons. This could be done through mail, but more commonly a process server will hand deliver the paperwork to the defendant in person. At this point, the court process has officially started.
Step 4: Answer the Complaint
Once the defendant has been served with the complaint and summons, they must “answer” the complaint. The defendant must provide a written Answer with the court and send a copy to the plaintiff’s attorney. The answer typically includes a “general denial” that denies all of the plaintiff’s claims and includes any additional legal defenses that the defendant may have.
Step 5: Discovery
The final step in the civil lawsuit process is the discovery phase, which is an investigation process. During this phase, both sides will have the opportunity to request information from the other side in order to help establish their legal claims. This can include interrogatories, depositions, request for production of documents, and request for admissions, amongst other discovery methods. Discovery helps each party understand their opponent’s case and allows them to evaluate the strengths and weaknesses of their own position.
Civil lawsuits can be complicated and going through each of these steps is essential to reach a successful outcome. It is important to understand each step and prepare properly when engaging in a civil lawsuit. With a proper understanding of the steps and a good legal team, the civil lawsuit process becomes much less intimidating and a favorable result might be within reach.
Source:
https://www.courtlistener.com/ca/what-is-the-civil-litigation-process/