Process of Civil Litigation Lawsuits and Trials

Litigation refers to any lawsuit that is filed and brought to court for different reasons. The claimant may want to recover a particular right, obtain damages or injunction, or prevent injury. Civil litigation cases are disputes between two or more parties who seek monetary damages, rather than criminal sanction, against a person. They are concerned with the relationship between individuals, as opposed to criminal litigation, which is concerned with the relationship between a person and the society.

There are a lot of disputes or issues that may be answered through civil litigation. This includes:

• Anti-Trust
• Assault & Battery
• Automobile Accidents
• Breach of Contract
• Corporate/Partnership Dissolutions
• Education Law
• Emotional Distress
• Employment and Labor law claims
• Environmental Law
• Fraud
• Intellectual Property
• Medical Malpractice
• Premises Liability
• Products Liability
• Real Estate Litigation
• Slip & Fall
• Theft
• Trespass
• Worker’s Compensation

Civil litigation lawsuits and trials undergo different stages:

• Service of the Complaint: The Summons and Complaint will be served to the defendant, who will sign an acknowledgement if he accepts the service. Otherwise, the service will have to be formally served.

• Response: The defendant is given 30 days after receiving the service to either give an answer to the complaint or challenge its sufficiency by pleading. The challenge includes a “Demurrer” and a “Motion to Strike.”

• Hearing of the challenges: The motion will be ruled upon before proceeding to the claim. If the motion is sustained, a new complaint must be drafted and served, starting the process all over.

• Discovery: If the defendant did not file a motion, both parties must then collect evidences to prove their case. Methods like Interrogatories, Request for Production of Documents or Admission, Deposition, and Subpoena will be necessary to prove each party’s side.

• Discovery Motion: If any one of the party did not comply with the discovery requests, the other party may file a motion to the court to require responses.

• Trial Setting: Attorneys for disputing parties should attend Case Management Conferences designed to determine whether the claim is ready for the trial. The date of the trial will be set after.

• Settlement Negotiation: The court will often require parties to settle the case before the trial.

• Trial: The last procedure that will ultimately settle the case.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.