Civil litigation is the process of resolving disputes between parties through the court system. It begins with one party filing a claim and continues through the discovery process, where evidence is obtained. The trial concludes the process, with the decision being made by the judge and jury. The Civil Litigation Act regulates the entire process.
Litigation law is a term sometimes used to describe civil procedure, which is the set of procedural rules governing legal disputes between parties outside of criminal law matters. The civil litigation process that emerges through these procedures is much more than just the process, which is what is commonly considered representative of the whole process. Civil litigation begins when one party files a claim; continues through the discovery process whereby each party can obtain relevant evidence via the other party in order to build their case; finally culminating in the trial. The Civil Litigation Act regulates the entire process.
Civil litigation occurs whenever two parties want to settle a dispute, usually for pecuniary damages, through the court system. The civil litigation process begins with one party, called the plaintiff, filing a complaint against another party, who is called the defendant. The claim must be filed in the competent jurisdiction under the civil litigation law of that region, which means that the court in which the claim is filed must be authorized to hear the case. The defendant must then present his response to the allegations in the complaint, referred to as a “response.”
At this point in the civil litigation, the parties must begin the discovery process. The discovery process involves requesting information about potential witnesses, as well as accessing the other party’s documents to search for relevant evidence. The Civil Litigation Act dictates what is permitted in conducting a discovery as certain things are protected and can only be searched if the requesting party suffers “substantial hardship” if they are denied access to the evidence. During the discovery process, there may be several pretrial hearings to determine what will and will not be admissible at trial, among other evidentiary matters. The discovery process is also where one party builds their case and determines their strategy at trial.
Once the discovery is complete, the procedural portion of the civil litigation begins. The trial begins with the parties’ opening statements and continues with the presentation of evidence and witnesses. Any final motions by the parties follow, and the entire civil litigation process concludes with closing arguments and the decision, which is rendered by the judge and jury. Contrary to popular belief, civil litigation law ensures that there are generally no surprises at trial as the process of discovery allows each party an open view of the other party’s available evidence.
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