The stress and challenge brought about by civil lawsuit are lessened if one reviews and understands its stages and processes. Regardless of the side a person is into, awareness of civil case procedures is essential for the legal action to prosper. Although a civil case does not put one to jail, it is essential that its system is carried-out appropriately so that justice is served and the damage due a person is provided.
The pleading phase is the initial part of civil case proceeding. This is when a plaintiff’s complaint against a defendant is filed. The defendant’s right to dispute the plaintiff’s complaint is expected to follow. After getting the two sides, the court then decides on the merit of the civil case or complaint. In the event the civil case is thrown out by the Court, the plaintiff may change then file the complaint again.
Next to the pleading stage is the discovery which is the process of exploring the pieces of evidence that the two sides will present. Discovering both sides’ proofs leads either of the side to submit interrogatory (written question) or deposition (oral question). The discovery stage also includes other methods such as admission request, special kind of questioning and other processes that are particular for the State where the case was filed.
The filing for a motion for summary judgment follows. This phase simply refers to the defendant’s side to argue the case. It is at this stage that the Court goes back to the book or now studies the case according to law(s). The Court perceives the complaint usually most favorable to the side of the plaintiff but if it is the other way around, then the case ends. This situation makes the plaintiff to cancel the case or elevate the complaint to a higher Court.
If however the defendant’s motion for summary judgment was overruled, the next stage is the actual trial. Expectedly though, an arbitration hearing sets in where a mediator suggests to the two sides to arrive at a deal. Also known as settlement conference, this phase may not materialize hence the Court decides to go on trial. While civil case takes time from its initial stage of filing to actual trial, it is ultimately important to realize its value as far as fighting for the right of the complainant.