What Is Civil Litigation?

Civil litigation is the legal process of resolving non-criminal actions in court. These instances usually include 2 or more parties who are looking to resolve a legal issue.

Civil issues can include:

  • divorce;
  • child custody;
  • child support;
  • personal injury; and/or
  • intellectual property.

What a Civil Litigation Attorney Does

A lawyer who practices civil litigation is responsible for advocating for their client in the courtroom. They must possess the following skills:

  • knowledge of procedural law;
  • written and oral advocacy;
  • analytical and reasoning ability;
  • ability to combine intricate legal and factual information;
  • advanced interpersonal interactions;
  • knowledge of research techniques and software; and
  • legal negotiation.

Litigation lawyers represent their clients during a variety of legal proceedings aside from a trial. For example, an attorney may need to advocate for their client during pretrial hearings, depositions, arbitration, or mediation.

Steps of a Civil Law Case

Each civil law case is unique to the client’s situation, but there are a series of legal steps everyone must go through. The first step after finding a civil litigation attorney is to begin an investigation into the client’s case. This step is essential for providing evidence or witnesses to help prove their side of the issue.

Once enough evidence and/or witnesses are found, the case moves to the pleading phase. The plaintiff and defendant file their pleadings to explain their side of the story. Then, the case moves into the discovery phase. Discovery is when the attorneys review the evidence and witnesses of the other side to ensure everything presented is completely factual.

The case then goes to pretrial. This phase of the legal process is where the attorneys negotiate and sometimes reach a reasonable settlement. Additionally, either party can use motions relevant to their legal issue to ask the court to dismiss parts of the case before heading to trial.

If an agreement cannot be reached during pre-trial, the case will go to trial. Depending on the circumstances of the case, a jury may or may not be involved. Both parties present their briefs to the judge, who uses these documents as an outline for the arguments and evidence each attorney will present during the trial. At trial, both sides will argue their side and advocate for their clients’ interests. Once they have presented their sides, the judge (and possibly jury) will determine a verdict.

Skilled Legal Representatives

With over 60 years of combined litigation experience, our attorneys are more than capable of representing our clients in all stages of their legal case. We offer sound legal guidance and will strongly advocate for your rights.

To discuss your case, call our firm at (760) 573-2223 or contact us online.

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