Civil Litigation

Civil Litigation
(Lawsuits)

    In criminal law, the offense involved is against the State or the Federal Government.  Civil litigation (better known as lawsuits), on the contrary involve claims by a “Plaintiff” (a person or legal entity) against another person, a “Defendant” (a person or legal entity), alleging that the Defendant is liable for money damages (and other relief) based on Defendant’s failure to comply with a legal duty which resulted in ultimate harm to Plaintiff.  Any kind of case that is not a criminal case is considered to be a civil case.  Civil cases consist of disputes over real estate, contracts, civil rights, personal injuries, wrongful death, taxes, zoning, slander, forfeitures, administrative law problems, Landlord-Tenant problems and many other legal claims individuals and/or entities may have against each other. 

    A civil lawsuit is initiated by the filing of a complaint by the Plaintiff, setting forth the nature of the claim brought by Plaintiff against Defendant.  The complaint is then personally served on the Defendant who has a specific period of time within which to file an answer to the complaint, the allegations of which are either admitted or denied by Defendant. 

    After the answer is filed, Plaintiff and Defendant engage in a process known as “discovery” during which each party tries to discover and uncover evidence that may be helpful in their respective claims and arguments.  There are various mechanisms provided for under the rules of a civil procedure for discovery.  One of the most common discovery mechanism is the taking of “depositions” of witnesses.  A deposition is a proceeding designed for the attaining of one of the parties to ask questions under oath, before a court reporter.  Other discovery methods include written interrogatories which are written questions that must be answered under oath and “subpoenas” which are Court orders to compel a witness to produce certain documents. 

    Discovery allows the parties to review the complete information and evidence on the legal claims involved, in order to review the case, evaluate the same, and to obtain an idea about the strengths and the weaknesses in the civil litigation.  After discovery is complete, the civil case is set for trial before a judge or a jury to present the evidence and the case is then decided in court by a jury, if tried before a jury, or by a trial judge, if tried before a judge. 

    Most cases do not go to trial since they are settled as the discovery process proceeds.  As a rule, most people have a distaste for civil litigation (lawsuits) since they may involve quite a bit of time and money.  Settlement is a way for each party to end the case on the basis of a compromise (giving up something to get something in return).  For purposes of obtaining a satisfactory settlement, it is essential that the case is well prepared throughout the discovery process so that a party may begin negotiations from a relative position of strength.  A competent, experienced lawyer is trained to do precisely that.  The rules and law governing lawsuits are extremely complex, and no matter how big or small the case, it is always advisable to consult a competent and experienced lawyer before taking any steps on a case, whether you are the Plaintiff or Defendant. 

    Please feel free to call or write to me if you would like to discuss a case or simply have a question.  I will be glad to attend to your call.