These are the basic stages of civil litigation:
- The plaintiff files a complaint with the court.
- The defendant(s) are served a summons as well as a copy of the complaint and they have a certain period of time to respond to the complaint.
- If the defendant does not answer the complaint within the time period, a plaintiff may apply to the courts for a default judgment against the defendant.
- If the defendant responds to the complaint, the next stage of the process involves discovery (the process by which each party seeks to obtain relevant evidence from the opposing party).
- Along with discovery is motion practice, which is a request for relief from the court.
- The case can settle at any time, it can go to alternative dispute resolution, or it can go to trial.
- If it goes to trial, a court will decide a judgment.
- If the plaintiff wins the judgment, the court will enforce the judgment.
- A defendant may be able to appeal a judgment, but the plaintiff is usually still able to enforce a financial judgment.
If both parties agree to alternative dispute resolution, they could use either of these two common and more cost-effective methods instead of full litigation:
- Arbitration: A panel of one to three arbitrators will hear the dispute and issue a binding decision on the case.
- Mediation: A mediator may be used to assist two parties informally in reaching a compromise and settlement on a dispute.
For more information about the civil litigation process, send us a message. [formidable id="7" title="1"]