Understanding Each Step In Your Civil Law Case

If this is your first time filing a civil lawsuit, you may find yourself wondering what the next step in the process is. In this article, you can learn more about each step in your civil law case. To learn more about any specific step, be sure to reach out to a civil litigation attorney. 

The First Step: Filing A Petition With The Court

In order to initiate a civil lawsuit, you will need to file a petition with the court. In a civil case, the person filing the petition is referred to as the plaintiff. The petition that is filed with the court will outline the basis of your claim and what relief you are hoping the court will grant you. For example, if your civil case is in regards to a breach of contract, you will explain how the contract was breached and ask that the court either award monetary damages or require the contract to be upheld.

The Second Step: Filing A Response With The Court

Once a petition has been filed with the court, a copy of this petition will be served on the person named as the respondent in the case. The respondent is the person who is being accused of wrongdoing. Upon receipt of this petition, the respondent will be required to file an answer with the court. This is simply an official statement that allows them to provide their side of the story. There will be a time limit associated with this step in the process. If the respondent does not file an answer with the court before this deadline, the case will move forward without this additional information. 

The Third Step: Scheduling Court Appearances And Establishing Deadlines

At this point in the process, the judge overseeing your case will be ready to establish deadlines and court appearances for the remainder of your case. Deadlines will be set to file any motions with the court. A trial date will also be set. If you have yet to retain a civil ligation attorney at this point in the process, you will want to inform the court so that they can allow ample time for you to find counsel before your trial date.

The Fourth Step: Sharing Information

The law requires that both the plaintiff and the respondent share any information that is pertinent to the case. Evidence cannot be admitted at trial if it has not first been supplied to the other parties in the case. This step in the process is known in legal circles as discovery. 

The Fifth Step: Presenting Your Case To The Judge And/Or Jury

When pursuing a civil lawsuit, you will have the choice of either a trial by jury or a bench trial. A bench trial is when the judge hears the evidence in your case and issues a verdict rather than having a jury decide the outcome of the case. Regardless of whether you choose a jury or bench trial, this step in the process is your opportunity to present facts and witness testimony in order to prove your claims. 

The Sixth Step: Issuing A Verdict

After all the evidence has been heard, a verdict will be issued in your case. If you feel that the verdict you receive is unjust, you will have the right to appeal this decision. However, you should be aware that the respondent in your case will also have the right to appeal. If either party chooses to appeal, the case will be reviewed by an appellate court before a final decision is issued. 

For more information on civil law, contact a firm like the Law Offices of Eric K. Krasle.

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