Civil Law is a specialized area of law that deals with disputes between private individuals, institutions and/or organizations. In civil cases, all disputes and conflicts can be resolved through a civil lawsuit.

Steps in a Civil Lawsuit

• Complaint and Summons – A lawsuit begins by filing of a complaint by the plaintiff which details the facts of the situations and the reasons why a complaint is filed. A summon is also issued to the opposing party which provides notice of the lawsuit with a copy of the complaint
  Defendant’s Answer – The defendant has to respond with his or her defenses in writing to the complaint. If the defendant does not file an answer, the court can enter a default judgment against the defendant.
• Counterclaim – If the defendant has his or her own claim against the plaintiff, the defendant would file a pleading and can include this in his answer.
• Discovery –This is the process of gathering information and learning what evidence each party has regarding the dispute. Interrogatories or written questions, give sworn testimony under oath and other methods that are relevant to the case.
• Pre-trial hearing – The lawyers or the parties themselves, will meet with the judge for the purpose of simplifying the factual and legal issues prior to trial. The judge can assist the parties in reaching a mutual agreement. If all negotiations fail, the next step is a formal trial.
• Jury Trial or Bench Trial – A trial conducted by a judge without a jury is called a bench trial. Both parties present their evidence and call witnesses to testify. After which, the jury will hold secret deliberations to reach a verdict. In a bench trial, the judge considers all the evidence and reaches a decision.
• Judgment – the judge reaches a judgment and states what relief, if any, the plaintiff is given.
• Motions and Appeals – The losing party can ask for a new trial and make other motions.

It is best to consult a qualified civil trial lawyer, should any civil dispute arise.

Additional Legal Resource: Civil Trial Attorney Ned Kimmelman. Serving Clients in South Florida.

The information in this article is not intended to replace legal advice.