Civil litigation is the process which settles disputes between citizens, both individuals and organizations. Civil trials are governed by the Federal Rules of Civil Procedure (FRCP) but In addition to this, each state has its own rules of civil procedures but in many states they are similar to the FRCP. In the most basic way to explain civil litigation law, Hudson residents should consider these basic steps for completing a civil trial. First begins the pleadings, and after stances are taken, the discovery phase happens to learn more about the case as a whole. After that, the trial begins and finally post trial motions are decided.
Pleadings and Discovery, The First Part to Civil Cases
The hassle of proof in a civil case is on the party filing the suit. Hence, the litigation process starts with the party filing a complaint. This party is called the plaintiff. The party being sued is called the defendant. Each party in a lawsuit files initial papers called pleadings, which explains each party’s side of the dispute. The next phase called discovery in civil litigation law, Hudson residents during this phase try to learn as much as they can about the nature of the case and discover the merits of claims and defenses. This phase many involve interviews with witnesses, requests for documents, etc. The other way of gathering information about the case is face-to-face answer-and-question sessions under oath which are known as depositions.
The Trail and Post Trial Motions
The trial begins with opening statements, where each party presents to the judge a document, called a brief; and this describes the arguments and case related evidence. There can also be bench trials, where the decision is made solely by the judge alone. On the other hand jury trials, where both parties question the potential jurors and select a jury. Once all the evidence is presented in a case of civil litigation law, Hudson residents will move into post trial motions, or a verdict on the case. the losing party can appeal the decision to an appeals court. The role of appellate court is to examine the record of the trial court proceeding for reversible errors.
*Disclaimer: The views expressed here are those of the authors and do not necessarily represent or reflect the views of Jhonston & Sasser, P.A*