40 Steps to Resolving a Civil Law Case: From Filing to Resolution

1. Pre-File

Consult an Attorney: Determine whether you have a legitimate claim.

Determine Jurisdiction: Find out which court has jurisdiction over the case-local, state, or federal.

Gather Evidence: Collect all relevant documents, contracts, emails, photos, and witness testimony that support your claim.

Send a Demand Letter: Sometimes, prior to filing a lawsuit, the plaintiff will send a formal letter demanding resolution.

Determine the Statute of Limitations: Look at how long you have to file your case.

Consider Alternative Dispute Resolution (ADR): Mediate or arbitrate a resolution of your dispute out of court.

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2. Filing the Case

Draft the Complaint/Petition: Write up the pleading outlining your claims and the relief sought.

File the Complaint in Court: File your complaint with the proper court, paying the filing fee.

Get a Case Number: After filing, the court issues a case number for easy reference to the case.

Service to Defendant: Provide a copy of the complaint to the defendant in accordance with legal process (such as personal service or sending it via postal mail, etc.) 

File Proof of Service: File proof that service was made upon defendant with the complaint.

3. Pre-Trial Proceedings

Defendant’s Response (Answer): The defendant will usually have some time, usually 30 days, to submit an answer to the complaint.

Pre-Trial Motions: Either party is allowed to bring motions, which may include motions to dismiss and motions for summary judgment, with regard to the legal issues surrounding the case.

Discovery Phase Commences: Each party will disclose information and other evidence relevant to the case.

Written Interrogatories: The parties will pose written questions to the opposing side, and answers shall be given under oath.

Request for Production of Documents: A party can demand production of any documents that the opposing party might possess.

Depositions: Expert and even witness depositions will be done where the questions posed are recorded by a transcriptionist.

Requests for Admissions: Parties may require each other to admit or deny certain facts.

Review of Evidence: Each side reviews evidence acquired during discovery for the determination of their strength and weakness.

Settlement Negotiations: The parties may negotiate a settlement or enter into mediation to settle the case without trial.

4. Trial Preparation

Pre-Trial Conference: The judge may conduct a conference to encourage settlement, discuss remaining issues, and schedule the date for trial.

Final Pre-Trial Motions: The parties may file motions to resolve any procedural issues before the trial starts.

Witness Preparation: Each side prepares its witnesses to testify during the trial.

Preparation of Exhibits: The parties prepare the exhibits that are to be presented in the court.

Selection of Jury (if applicable): In case the case is to be tried by a jury, then the process of selection of jury takes place in order to make it impartial.

Pre-Trial Briefs: The parties may submit written briefs to present their legal arguments and evidence to be presented.

5. Trial

Opening Statements: The parties make an opening statement in which they outline their case to the judge or jury.

Presentation of Evidence: The plaintiff presents its case first, followed by the defendant’s case.

Witness Testimony: Both parties call witnesses to testify and present evidence.

Cross-Examination: Each party cross-examines the other party’s witnesses to challenge their credibility and testimony.

Closing Arguments: After all evidence is presented, each party makes closing arguments to summarize their case.

Jury Deliberation (if applicable): In jury trials, the jury deliberates and decides on the verdict.

Judge’s Ruling (in bench trials): In juryless trials, the judge gives a verdict upon listening to all the evidence.

6. Post-Trial

Judgment: The court gives judgment in favor of one party usually by awarding damages, injunctions, etc.

Post-Trial Motions: Any of the parties may file post-trial motions which include motion for new trial, motion to alter or amend the judgment, etc.

Appeal: If a party is not satisfied with the judgment, they can appeal to a higher court for review.

Execution of Judgment: If no appeal is filed or the appeal fails, the winning party can enforce the judgment through garnishment or property liens.

Appeal Process (if applicable): When an appeal is filed, the case is reviewed in the appellate court for legal errors and a decision is issued which may lead to a new trial or change of judgment.

7. Resolution

Enforcement of the Judgment: When the defendant does not comply with the judgment, the winning party can take legal action to enforce it.

Settlement After Judgment: Sometimes, parties even after the judgment, reach an agreement or pay out some money to avoid further litigation.

Civil Case Litigation Procedure can be very long and cumbersome and no two cases are alike. Consultation at any stage with an attorney would help protect the rights and also see that proper procedures are followed.

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