What Is Civil Litigation?

Civil litigation is a dispute between two parties, this can be a civil dispute between two people, and for this purpose the corporations are also people who can be sued or sue others.

One party will serve a complaint to another party and will request any of the below actions:

• Monetary compensation
• Legal protection such as a restraining order or an injunction
• The court to declare the plaintiff’s legal rights in the situation.

When a party is sued, that sued party hires a civil litigation lawyer to defend the lawsuit. A civil litigation claim is filed in state or federal court and follows similar steps to a commercial litigation claim.

How Long Do I Have to Respond to A Lawsuit?

In California, you will have 30 days from the day you are served with a summons to file a response to a civil case. The exception to this time limit is if you are served with eviction. For federal civil litigation claims, you will have 21 days from the day you are served with a summons to file a response.

We represent plaintiff or defendants in a myriad of civil matters. A civil defense attorney assists in investigation, discovery, settlement discussion, and jury trial if necessary.

A litigation and trial attorney’s powers of persuasion are key to presenting a convincing case to the other party to try and settle the case outside of court. The court process is lengthy and often extremely public, so it is preferable to try and settle the case beforehand.

What Methods May Be Used to Resolve a Civil Litigation Case?

Settlement 

A settlement is a resolution both parties reach either before or during the trial. You can settle right up until a verdict is reached, however the more the case proceeds the more expensive the settlement may become. The strength of your case will affect your negotiation power during a settlement.

Mediation 

Mediation is a process that will help facilitate a satisfactory resolution before trial. It is used in cases where the plaintiff and defendant are unwilling to entertain the notion of a settlement. Most courts encourage Mediation which may be a court assisted or a private Mediation.

Arbitration 

Arbitration is a step up from mediation and is often ordered when there are sensitive elements to the case or technical knowledge is required to reach a decision. Arbitration can be asked by filing a motion to compel arbitration with the court when the contract between the parties include a Mandatory Arbitration clause. The arbitrator’s decision will be legally binding. 

Trial 

Most cases resolve before trail, If none of the previous methods of resolution work, then a case may go to trial. The parties may choose to be tried in front of a jury or waive their rights to a jury and be tried before a Judge. Trial takes place after, petition, response, several case management conference, case management statements, and discovery. Trial which is sometimes unavoidable is a more expensive method of resolving disputes, and not the swiftest. In California, it can take a year or two for your case to go to trial.

Search for Civil Defense Lawyers Near Me

If you consider using our firm, you may email us with brief details or call us.