What is the process of civil litigation?
Civil litigation is a process that takes place when an individual or business has a dispute or disagreement with another individual or business. The process is initiated by filing a complaint or summons with the court. The complaint will specify the nature of the dispute, the damages that have been suffered, and the legal remedies sought. The defendant (against whom the complaint is filed) then has to respond to the complaint. Depending on the defendant’s response, the parties may enter into negotiations in attempt to settle their dispute outside of court. If a settlement is not reached, the case is set for trial. Prior to trial, both parties must exchange documents and evidence related to the case. After this, both sides will take part in a deposition, which is essentially a question-and-answer session under oath. The parties may also engage in pre-trial motions, such as motions for summary judgments, during which a judge may render a decision without a trial. The trial itself will usually involve each side presenting its case and evidence to the court and jury. The jury will then listen to summations by each side’s lawyers and ultimately render a verdict. The judge presiding over the courtroom will make any final decisions regarding damages awarded to the plaintiff, or any fines or sanctions imposed on the defendant. After the trial, the parties may appeal the decision to a higher court if they believe that the verdict was unfair or legally incorrect.
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