The Steps of a Civil Lawsuit

Lawsuit - The Steps of a Civil Lawsuit

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While there is no way to predict exactly low long a civil lawsuit will take to go from beginning to end, there are a estimate of steps that one can generally expect to go through. These steps must be met in order for the next step to occur.

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The first step of any lawsuit is "pre-filing." This is the stage that occurs before any complaints or claims are filed in any court. Typically, a person's first meeting with his or her attorney occurs while this time. This is the meeting where the attorney will learn exactly what happened in the urgency or incident. Following the introductory meeting, the attorney or man in his or her office will do some basic explore to form out where the law in the state stands. This will help the attorney decree if his or her prospective client has a claim worth pursuing.

Once the "pre-filing" data has been gathered, a complaint will be written and filed with a court. This stage is known as "pleading." In this stage, the plaintiff files his or her complaint and then the named defendant files an answer. Here, the defendant can file a appeal to dismiss the case and any other pleadings are attached. 

After all pleadings have been entered, the attorneys for both sides will come up with a discovery plan and time line. This data is then presented to the judge for approval. This will consist of collecting depositions from individuals as well as gathering affidavits and lining up specialist witnesses. while this stage, the plaintiff, if suiting for injuries, could be asked to experience an examination by the opposing side to decree the extent of injuries. Once all of the evidence has been collected, one party might decree that things point in their favor so much that a appeal for summary judgment should be filed. 

A appeal for summary judgment allows a judge to look at all of the evidence and decree if a reasonable jury, if looking at the evidence in the light most favorable to the non-moving party, could still find for the man that moved for summary judgment. If the jury can't or there is a opening that the jury could perhaps find for the non-moving party, the appeal will not be granted. If there is no possible way for the non-moving party to win, the judge will most likely grant the appeal for summary judgment and the lawsuit is over.

If the lawsuit survives past summary judgment and discovery, the parties will go to trial. while this stage, the jury will hear the evidence presented by both sides and make a factual decision. Once the facts have been decided, the judge will rule in terms of law.

Once the decisions have been answered, the parties may, of course, appeal if they have grounds for an appeal. This whole process could take a very long time.

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