Civil litigation happens when two or more parties become involved in a legal dispute. This often does not look for criminal sanctions. The parties must head to the courtroom so a judge or jury can decide on the matter.
Each case is unique but most follow the steps below.
Parties involved in a dispute try to resolve the matter without filing a lawsuit. One party send a letter to the other party. This is to inform the said party of the dispute. It demands some action or compensation to resolve the disagreement short of trial. A demand letter should have a strong legal backing and factual basis. It should have a legitimate threat of further legal action. Action or compensation must be reasonable. If any of the parties is unreasonable, further steps may lead to a lawsuit.
A complaint is usually filed if parties are unable to resolve their issues. A lawsuit begins with the Complaint and a Summons. You should hire an attorney to avoid losing your case due to procedural issues. Contact an attorney as soon as you receive a Summons and Complaint. The case may go in favor of the other party if you fail to respond in time.
Most cases do not need an injunction. It is a fair remedy a Court may order. The parties may have to prepare evidence and legal arguments like in a trial. The outcome of the preliminary injunction hearing is critical to the outcome of the case. The winning party may have a great deal of leverage going forward in the case.
This is the period when parties gather information to prove their case. It includes written interrogatories, requests for documents, and depositions. It sometimes occurs before the injunction hearing. But it usually happens between the injunctive hearings and the trial. This process can be lengthy and expensive.
Mediation or arbitration
There is usually a mandatory process for dispute resolution. Mediation is where a Mediator meets with the parties and makes them agree to a resolution. The resolution will depend on the willingness of the parties to resolve the matter. An arbitrator renders a ruling in an arbitration. The parties may appeal the ruling and proceed to trial in front of a judge if they are unhappy with the resolution.
Both parties can bring motions to the Court to resolve disputes. It can range from an extension of deadlines to a full and final resolution of a case. There can be many motions filed depending on the complexity of the case.
There are only a few cases that make it all the way to a trial. Parties often settle the dispute before trial. Resolutions through motions are also common. Each party can prove their case during a trial. The judgment becomes the final resolution of the matter if not appealed.
Enforcement of judgment
A judgment determining a party’s entitlement to certain relief concludes a trial. The winner must continue legal proceedings if the loser does not follow the judgment.
Most trial lawyers are not afraid to take a case to trial. But it is best to negotiate a settlement. If you face civil litigation charlotte lawyers may help you. Lawyers will ensure that you meet deadlines. They will also negotiate a settlement on your behalf.