The civil litigation process is one of the most fundamental and important parts of any functioning society. Civil litigation is the formal process of resolving legal disputes between citizens by filing or responding to complaints through the public court system.
Despite what Hollywood tries to make us believe, court proceedings and trials are rarely that dramatic and exciting. Instead, the legal procedure for litigating is a long and complicated process that begins long before any lawyer enters the court.
To first understand how civil litigations work, it is important to start from the beginning. Any case typically begins when a person files a suit with a legal clerk. At this point in the litigation process, all parties involved must be notified and given reasonable notice before the actual court date.
At this point in the procedure is when people should seek legal counsel. It would be unfair if one side is completely unprepared to defend themselves in court. Thus, the reason for the mandatory notice is to allow both parties to gather enough evidence and build a compelling case in court.
The next step is discovery, where both parties must disclosure to one another the pieces of information they are planning on submitting and using as evidence in court.
One important consideration is that if the case ends up having many different pieces of evidence the entire litigation process may be delayed.
Though the discovery and disclosure period may drag on, the process serves a very important role. More specifically, this brief time is when both parties must be completely open and honest with one another. In that sense, for good lawyers this marks an excellent opportunity to gain important insights.
After completing all the preliminary tasks required to go to trial, the lawyers can finally go to court. This is when the work leading up to the trial will be demonstrated in front of a jury and judge. After the proceedings, the jury will give a verdict, that is enforced by the judge.
Now that you’ve been given a basic outline of the civil litigation process, hopefully you’ve gained a new insight on why legal cases are so complicated, and why they are often very time-consuming.
The United States Supreme Court has given lawyers very specific guidelines and procedures that the systems must abide by.
This is an immigration legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.
Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA).
Ramona Kennedy is fluent in English and Farsi (reading & writing) & speaks Azeri Turkish.
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