Probably everyone is somewhat familiar with how a criminal trial proceeds, even if they have never stepped foot in a courtroom. Criminal court dramas are always on TV, but civil litigation seldom makes it to the screen, although it has much more impact on the lives of most people. In a criminal case, the government is trying to impose a punishment upon someone, whether fines, prison or even death. In a civil case, two private parties are opposed; and if the plaintiff wins, they are awarded damages or money.
Civil cases include family law, personal injury cases, business law, contract law and probate law, among many other types of cases. Each type of civil litigation has its own particular rules. However, the basic process is the same.
The Complaint
The injured party or plaintiff, with the help of a Civil Litigation Lawyer Charlotte NC, prepares and files the complaint with the court. The complaint details how the defendant has injured the plaintiff and asked for damages. The defendant is formally served notice that the lawsuit has been filed and receives a copy of the complaint.
The Answer
Within a specified period of time, the defendant must file an “answer” to the complaint with the court. This document will address the facts and legal points in the complaint, specifying which facts the defendant agrees with and which are disputed.
Motions
Both sides may file motions with the court, asking the court to issue an order. Typical motions would be a request to dismiss the case or make a summary judgment.
Discovery and Pre-Trial
Discovery refers to the exchange of documents and information between both sides. Witnesses may be required to give depositions during this phase. Lawyers may ask the judge to keep certain evidence from becoming part of the case. Typically, settlement negotiations will be going on. If they fail, the case goes to trial.
Trial and Judgment
The plaintiff goes first, presenting their case and then the defendant then presents their defense. The burden of proof is lower than in a criminal case, which means that the plaintiff only has to prove that it is more likely than not that the defendant is guilty.
Appeal
The losing side has the right to appeal the verdict. There can be more than one appeal. Business Name has been recognized by super lawyers. If you need an experienced civil litigation lawyer in Charlotte NC, call for a consultation.
