What is Civil Litigation?
Civil litigation is a legal dispute between two or more parties seeking monetary damages or specific performance, rather than criminal sanctions. Civil litigation encompasses a broad range of legal disputes, including breach of contract, property disputes, and personal injury claims. Civil litigation is usually initiated by one party, the plaintiff, who files a complaint against the other party, the defendant, seeking a resolution to the dispute.
Types of Civil Litigation
There are different types of civil litigation cases that parties may engage in. Some of the most common types of civil litigation include:
- Breach of Contract: Breach of contract occurs when one party fails to fulfill their obligations under a legally binding agreement. This type of civil litigation is typically resolved through contract law.
- Personal Injury Claims: Personal injury claims involve an individual who has suffered physical or emotional harm due to the negligence of another party. This type of litigation seeks compensation for medical bills, lost wages, and pain and suffering.
- Property Disputes: Property disputes are legal disputes between individuals or entities over the ownership, use, or possession of property. This can include disputes over real estate, intellectual property, or personal property.
- Employment Disputes: Employment disputes involve legal disputes between employers and employees over issues such as wrongful termination, discrimination, or harassment.
Civil Litigation Process
The civil litigation process involves several steps, including:
- Pre-Filing: Before a lawsuit is filed, the parties involved may engage in pre-litigation negotiations or mediation to try to resolve the dispute without going to court.
- Pleadings: Once a lawsuit is filed, the parties involved exchange formal statements of their positions in the form of pleadings. The plaintiff files a complaint, while the defendant files an answer to the complaint.
- Discovery: During discovery, the parties exchange information and evidence related to the dispute. This can include written interrogatories, depositions, and requests for production of documents.
- Pre-Trial: Before trial, the parties may engage in pre-trial motions, which involve the judge making rulings on issues such as evidence admissibility and witness testimony.
- Trial: During the trial, the parties present their evidence and arguments to a judge or jury, who then make a decision on the dispute.
- Appeal: If either party is dissatisfied with the outcome of the trial, they may appeal the decision to a higher court.