What is the process of civil litigation?
Civil litigation is the process of resolving a dispute in court. In Washington, the process begins when one party (the plaintiff) files a “complaint” with the court. The complaint outlines the facts of the dispute and what the plaintiff is asking the court to do. The other party (the defendant) is then served with a copy of the complaint and must respond. Next, the parties engage in a process of discovery, during which they exchange relevant documents, conduct interviews with potential witnesses, and send written questions or interrogatories to each other. This process gives both parties an opportunity to investigate the facts of the case and build their arguments. After discovery, the parties meet for mediation or arbitration. Here, a neutral third-party tries to help settle the matter without going to trial. If the parties cannot come to an agreement through mediation or arbitration, the case goes to trial. At trial, each side presents evidence and calls witnesses in support of their case. The judge or jury listens to the arguments from each side and determines who wins. If the plaintiff is successful, the court will issue a judgment in the plaintiff’s favor. If the defendant is successful, the court will dismiss the case. Either side can appeal the court’s decision to a higher court.
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