The process of criminal cases is quite familiar to many because of the movies and television programs. But when it comes to civil lawsuit proceeds, not that much is known as the penalties that are imposed are not so harsh like the criminal ones. Daniel DeKoter Lawyer, the partner at DeKoter, Thole, Dawson & Rockman, PLC explains about the basic steps that are included in the civil litigation procedure.
Mentioned below are some of the steps that are followed in civil litigation process; however, all the cases do not follow the same process as most times parties halt this process voluntarily and settle it at any time.
Pleadings: In this stage each party files their side of dispute. The case will start when the litigant files with the court a complaint and officially provides a copy to the perpetrator. The perpetrator is given a stipulated time frame to file a response.
Discovery: Once the pleadings have been filed by the litigant and perpetrator, the parties need to gather pertinent evidence from third parties or from each other. This phase is often regarded as the lengthiest part of the case as it starts just after a complaint is filed and most of the time does not stop until just before trial.
Trial: In this stage both the parties need to provide proof in support of the defenses or claims to the jury members. In case of bench trials a jury is not involved and everything is determined by the magistrate only.
Appeal: After the trial, a party which is not satisfied with the outcome may appeal. In this stage, a party requests a higher court to check the litigation. The parties submit their details in short, which are presented to the higher court along with the proof from the trial court.
Are There Any Alternatives to Litigation- Daniel DeKoter Lawyer Helps You
These alternatives help in saving time and expenditure. Listed below are some of the commonly used alternatives:
- Settlement: This is often regarded as out of the court settlement in which settlement is debated by the party at any time in the course of trial and is often a profitable alternative to trial.
- Arbitration: This is an argumentative thing wherein the parties choose an arbitrator or neutral third party to resolve the dispute. The process is less formal than the court room proceeding.
- Mediation: A mediator or a third party is involved to negotiate a settlement. The mediator assists the parties' settlement efforts and assists the parties recognize the risks of the litigation and inspires them to think through how those hazards can disturb their objectives.
These are some of the basic steps that are followed in the civil litigation procedure.
Daniel DeKoter Lawyer has specialization in personal injury and product liability litigation, estate planning, wills and trusts, business litigation and business law in general. With more than decades of experience in this field he is one of the most in- demand legal advisors in the country.