Overview of Civil Litigation

Civil lawsuits often unfold in ways that surprise people unfamiliar with the legal process. Unlike criminal matters, these are non-criminal disputes that follow a highly structured process. Knowing how each step works provides clarity and helps you set realistic expectations.

Below, we break down the civil litigation process in plain language so you understand what’s coming and why having the right civil litigation attorney matters.

What Is Civil Litigation?

Civil law governs how people and businesses interact with on another in a wide range of contexts. When parties are in dispute, it can lead to civil litigation.

Civil lawsuits are different from criminal cases, which happen when someone is accused of a crime. The aim of civil litigation is to obtain legal remedies, such as money or court orders, not criminal punishment.

The types of cases heard in civil court cover a wide range:

• Personal injury claims
• Property disputes
• Contract disputes
• Defamation
• Family law issues
• Class actions
• Medical malpractice claims
• Intellectual property disputes

The plaintiff is the party who initiates a lawsuit by filing the case. They believe they were harmed or wronged and are seeking relief. The defendant is the party being sued. They respond to the plaintiff’s claims and may present defenses or counterclaims. The parties move through the legal process from filing the lawsuit to discovery, possible settlement, and trial.

Several remedies are available to injured plaintiffs. A court order could require a party to do something (mandatory injunction) or refrain from doing something (prohibitory injunction). It may be temporary or permanent, depending on the case circumstances. Another common remedy is monetary. It could be in the form of compensatory, punitive, or nominal award amounts.

Find top Civil Litigation lawyers easily

Connect with a qualified attorney today.

Find a lawyer today

The Key Stages of a Civil Lawsuit

Civil lawsuits follow a set sequence of stages, though the majority of cases are resolved before going all the way to trial. Settling out of court tends to be preferable for both parties since it’s faster, less risky, and more affordable than going to trial.

Pleadings

The civil litigation process starts when the plaintiff files a complaint. This complaint must include:

• The basis of the claim
• Legal grounds
• Allegations
• Relief sought

The defendant must then respond to the complaint by filing an answer. The defendant admits or denies the plaintiff’s allegations in the answer. If denying, the answer must include claimed defenses and potential counterclaims. The complaint and answer together constitute the pleadings. This will be the framework that defines the scope of the case.

Discovery

The discovery phase is when parties gather and share information relevant to the case. Each party will collect evidence to support its claims and defend against the other party’s claims. Discovery enables parties to evaluate the strengths and weaknesses of their case and consider settlement based on a clearer factual basis.

Several legal tools are commonly used during this process:

• Interrogatories. Written questions that must be answered while under oath. They are used to obtain foundational facts, like event descriptions, witness identities, and damage details.
• Depositions. Sworn oral testimony that is recorded for future use. They can be done with the parties involved in the lawsuit or third parties. Depositions are especially valuable for preserving testimony, assessing credibility, and avoiding surprises at trial.
• Requests for production. Formal requests for physical evidence from the other party, such as records, documents, or emails.
• Requests for admission. Statements that the opposing party admits or denies. Once made, they are admissible to court and no longer require proof to substantiate at trial.
• Subpoenas. Powerful evidence-gathering tool that compels the recipient to produce documents or testimony. Attorneys use them to gather evidence from third parties who wouldn’t otherwise be legally required to produce the evidence.

Motions

During the pre-trial phase, the parties can file motions that ask the court to make a ruling.

A defendant may file a motion to dismiss, which argues that there are procedural or legal issues with the case and that it should therefore be thrown out. Examples of motions to dismiss include the plaintiff failing to state an actual legal claim or having filed the case in the wrong jurisdiction.

Another possible motion is a motion for summary judgment. It asks the court to decide the case based on the undisputed facts of the case. Other common motions include a request to exclude evidence or resolve discovery disputes.

Settlement

The settlement phase is when the majority of cases are resolved. A settlement is when a case is resolved through mutual agreement.

The parties can agree to settle anytime before trial. However, many courts require the parties to attend a specific settlement phase before being granted a trial date. Settlements often save time, reduce costs, and offer controlled outcomes for both parties. Judges typically review and approve settlement agreements to ensure fairness.

Trial

If the complaint remains unresolved, the case proceeds to trial, where each side presents evidence before a judge or a jury. A trial has multiple phases, including the opening statements, presentation of evidence, witness testimony, and closing arguments.

The final stage is jury deliberation (if applicable) and verdict or judge’s ruling. The issued judgment is the court’s final and official decision. It could include an award of relief or a dismissal claims.

Appeal

It’s common for one or both parties not to be happy with the court’s ruling. After the judgment, either party can appeal to challenge legal mistakes or procedural errors made. Generally, it is the losing party that files an appeal. The appeal arguments are then heard by the Court of Appeals. Appeals focus on issues of law, not on re-evaluating the facts or merit of the case.

Why You Need a Civil Litigation Attorney

Civil litigation is governed by detailed rules. Missing deadlines or making procedural errors can result in dismissal, loss of legal rights, or exclusion of evidence.

Attorneys assess the strengths and risks of a case, engage in settlement discussions, or guide parties through mediation or arbitration, often achieving faster and more favorable outcomes while reducing cost and stress.

If your case goes to trial, attorneys prepare compelling evidence, examine and cross-examine witnesses, deliver persuasive arguments, and navigate courtroom rules and etiquette. Most importantly, having legal representation prevents the dramatic disadvantages seen by self-represented litigants in complex civil matters.

Find Legal Help

The civil litigation process involves far more than a day in court. Each step requires strategy, precision, and a deep understanding of the law. That’s why having a civil litigation attorney by your side is critical. They can guide you through every phase and fight to protect your interests.

Use the Super Lawyers directory today to find a qualified civil litigation attorney near you.