What Is Civil Litigation? What Does the Process Involve?
You’re involved in a disagreement with another person or business, but there’s no criminal conduct involved. You may have a dispute about a contract, or a neighbor may have infringed on your property. You may have suffered a personal injury because of someone else’s negligence.
When you have legal issues that need to be resolved, but which do not involve allegations of criminal conduct, your case will go through the civil justice system and may ultimately be resolved by civil litigation.
What Is Civil Litigation?
Civil litigation is a legal process involving two or more parties who have a disagreement regarding a non-criminal matter. Civil litigation differs from criminal prosecution in a number of ways:
- The parties to a civil dispute are typically private individuals, although a government entity can also be the plaintiff or defendant in a civil lawsuit.
- The remedy in civil litigation is generally monetary compensation or, occasionally, the transfer of property or requirement to perform a particular act. It never involves incarceration, probation, community service, or other uniquely criminal sanctions.
- To succeed in a civil matter, you must prove your case only by the weight of the evidence, unlike a criminal prosecution, which requires proof beyond a reasonable doubt.
- The law governing most civil disputes is found in the common law (written judicial opinions), rather than statutes.
An Overview of the Civil Litigation Process in Parker County, Texas
To initiate civil litigation in Parker County, an individual or entity (the plaintiff) must file a complaint in the proper court. Once the complaint is filed, it must be served upon the other party (commonly referred to as the defendant) within a specified period of time. The defendant then has a limited period of time to file an answer to the complaint with the court.
Once the complaint and answer have been properly filed, the court will typically schedule a pre-trial conference to learn about the basic issues involved in the case. At that conference, the court may seek to determine the prospects for settling the case before trial. In addition, the court will establish the rules and timeframe for discovery, the process by which the parties gather evidence to support their respective claims.
Once discovery is complete, the parties may file motions regarding the admissibility of evidence and/or asking the court to render judgment without a trial.
When a case goes to trial:
- Attorneys for both parties will conduct voir dire, the process by which a jury is selected.
- Attorneys for each party will make opening statements, summarizing the facts and telling the jury what they plan to prove.
- Witnesses will be called and evidence will be introduced, with the plaintiff arguing their case first. Attorneys for the plaintiff will conduct direct examination of their witnesses, and defense counsel will have the opportunity to cross-examine those witnesses.
- Either party may file motions when the plaintiff’s attorneys complete their arguments.
- The defense will be allowed to introduce witnesses and other evidence to refute the plaintiff’s case, with both direct and cross examination allowed.
- When the defense finishes introducing evidence, the attorneys for each side will make closing arguments.
- After closing arguments, the jury will deliberate and return a verdict
Contact the Proven Trial Counsel at The Loftin Firm
Good results don’t just happen. They’re a product of experience, skill, knowledge, and hard work. That’s the advantage you’ll get with The Loftin Firm. Over the past quarter century, attorney Trey Loftin has represented individuals and businesses in a wide range of legal proceedings.
Attorney Loftin brings considerable courtroom skills to a wide range of civil matters. As a former judge, he has a thorough understanding of the trial process and of effective trial practices. He can anticipate the arguments of opposing counsel and take the steps necessary to protect your rights.
Contact The Loftin Firm online or call attorney Loftin at 817-441-8933 to set up an appointment. There is no cost or obligation for your first meeting.
Effective Advocacy for Clients Across Parker County, Texas, Including Weatherford,
Willow Park, Aledo, and Annetta, and Throughout Fort Worth