Hull Barrett Blog

Disputes happen — but when they can’t be resolved privately, civil litigation offers a formal legal process to help settle the matter. Whether it’s a contract disagreement, property dispute, or personal injury claim, civil litigation allows individuals or businesses to use the court system to pursue or defend against claims.

Here’s a simple breakdown of how the process works and what to expect at each step.

 

What Is Civil Litigation?

Civil litigation is the process of resolving non-criminal disputes through the court system. The person bringing the lawsuit is called the plaintiff, and the person being sued is the defendant. Unlike criminal cases, civil lawsuits usually involve personal or financial disputes rather than charges brought by the government.

Step 1: Filing the Complaint and Serving the Summons
The litigation process begins when the plaintiff files a complaint with the court. This document outlines the facts behind the case, explains why the defendant is believed to be at fault, and requests relief — often in the form of financial compensation.

The plaintiff must then serve the complaint and a summons to the defendant. This formal notice tells the defendant that a lawsuit has been filed against them and provides a deadline to respond.

Step 2: The Answer
Once served, the defendant typically has 30 days (in state court) to file an answer. In this document, the defendant responds to each claim in the complaint — admitting, denying, or stating they don’t have enough information to answer.

The defendant may also include defenses or file counterclaims against the plaintiff if the dispute stems from the same facts.

Failing to file an answer on time may result in a default judgment, meaning the plaintiff automatically wins the case.

Step 3: Discovery
Discovery is the information-gathering stage. Both sides request documents, submit written questions (interrogatories), and take depositions — sworn, recorded statements given outside of court.

Discovery helps both parties understand the strengths and weaknesses of the other side’s case and plays a key role in deciding whether to settle or proceed to trial.

Step 4: Settlement and Alternative Dispute Resolution
Most civil cases are resolved before reaching trial. Parties are encouraged to settle through:

• • Negotiation: Direct discussion between parties.
  • Mediation: A neutral mediator helps both sides reach an agreement.
  • Arbitration: A neutral arbitrator hears both sides and issues a binding decision.

These options can save time, money, and the stress of going to trial.

Step 5: Pre-Trial Motions
If no settlement is reached, the case moves closer to trial. During this phase, lawyers may file pre-trial motions to shape the trial — for example, asking the judge to exclude certain evidence or dismiss the case entirely.

Step 6: Trial
If the case goes to trial, it can be decided by a judge (bench trial) or a jury (jury trial).

• • The process begins with jury selection (if applicable), followed by opening statements from both parties.
  • The plaintiff presents their case, including witnesses and evidence, then the defendant presents theirs.
  • After closing arguments, the judge or jury reviews the evidence and makes a decision, called a verdict.

This decision is binding and determines whether the defendant is liable and, if so, what compensation is owed to the plaintiff.

Need Legal Help?
Civil litigation can be complex, but you don’t have to go through it alone. For all your litigation needs, contact Attorney Catherine G. Cala for trusted legal guidance and dedicated representation every step of the way.