How Does a Lawsuit Work?
Civil lawsuits generally arise from disputes between people, businesses or other entities including the government. Civil lawsuits normally proceed through distinctive steps:
- First, there are pleadings,
- Second, there is discovery,
- Third, is the trial,
- And fourth possibly an appeal.
However both parties can end the lawsuit by voluntarily settling at any time. Most cases settle before trial.
Also, arbitration or mediation is an effective alternative to a trial.
Arbitration is a form of alternative dispute resolution [ADR] in which the outcome is entrusted to one or more independent third parties instead of the court. It is important to note that an arbitration is formal and the arbitrator for the most part follows courtroom protocol including the rules of evidence such as not permitting hearsay and also requiring the authentication of evidence before it can be accepted as fact. Arbitration is binding.
Mediation is another form of alternative dispute resolution [ADR] in which resolution of the case is achieved by a mediator who is trained in reaching mutually agreeable solutions between the parties. Each party has the opportunity to speak with the mediator privately and discuss how they look at the case and their expectations. Mediation is non-binding unless both parties agree with the results and thereafter the mutually agreed upon terms are reduced to writing.
The pleadings: Each party in a lawsuit files initial papers, known as “pleadings.” The pleadings explain each party’s side of the dispute.
First-is the filing of the Complaint: Litigation begins when the plaintiff files a complaint with the court and formally delivers a copy to the defendant. The complaint describes what the defendant did (or failed to do) that caused harm to the plaintiff and the legal basis for holding the defendant [person you are suing] responsible for that harm. The filing fee is approximately $500.00 here in Riverside County and is paid to the court. The lawyer does not receive any portion of the filing fee money.
The next phase of the pleadings is the Answer: The defendant is given a specific amount of time to file an answer to the complaint, usually 30 days. The answer that is prepared by the defendant provides the defendant’s side of the dispute. The defendant may also file counter-claims against the plaintiff, alleging the plaintiff has harmed the defendant and should be held liable for that harm. Sometimes, the plaintiff responds to the defendant’s answer or counter-claims by filing a reply. In some instances, in lieu of an answer or reply, a party may request that the other party clarify or correct deficiencies in its factual allegations or legal theories [ as in a demurrer], or may ask the court to dismiss part or all of the suit. This may lead to amended complaints or amended answers. Once the parties have completed the complaint, answer, and any reply, basically the issues for resolution by the court have been defined.
The second phase of a lawsuit is discovery: Meticulous case preparation is critical to any successful litigation. Discovery is the method by which parties gather relevant information from each other or from third parties. Research of the law, document review and organization, and witness interviews help clients and their lawyers assess the merits of claims and defenses. The extent to which these and other steps are needed is determined by the issues of the case.
Discovery: Discovery is usually the longest part of the case. It begins soon after a lawsuit is filed and often does not stop until shortly before trial.
During discovery, the parties ask each other and third parties for information about the facts and issues of the case. Information is gathered formally through written questions (known as “interrogatories”), requests for copies of documents, and requests for admission (which ask a party to admit or deny statements of fact). Another key method of obtaining information is to conduct depositions, in which witnesses are questioned under oath by the parties’ attorneys and the witnesses’ answers are recorded by a court reporter. Depositions are used to learn more about the facts of a case and about what the different witnesses contend happened. Depositions also may be used at trial to show inconsistencies in a witness’s story or to question the witness’s credibility.
The recorded testimony from a deposition sometimes may also be used at trial in place of a witness who is not able to attend the trial in person. Expert Witnesses: Often a claim or defense requires support from expert witnesses to explain technical information or validate an argument. One or more experts might be needed to testify about the connection between the defendant’s conduct and the loss suffered by the plaintiff, or the existence and amount of the plaintiff’s damages. Expert witnesses work closely with a party’s representatives and attorneys to prepare the party’s case.
**To be continued
