The Road Ahead if You Decide to Sue

Have you ever watched a legal television show where the court case wraps up nicely during an hour-long episode? In real life, the process doesn’t move so quickly.

Many people are generally aware of what occurs in a civil lawsuit. However, they don’t know the details of what procedurally occurs during one. Before you decide to proceed with a civil lawsuit, it helps to understand the road ahead and some of the legal jargon you’ll hear. This article covers the basic stages.

A civil lawsuit is generally a case for money damages or equitable relief (in other words, what is fair). This is in contrast to a criminal lawsuit in which the government brings charges against a person (or an entity) for criminal misconduct.

Each state, as well as the federal government, has its own rules and procedures for a civil lawsuit, and may have different names for each of its proceedings. Your legal counsel can explain the procedures. Depending on the type of claim you have (or a claim that might be filed against you), the case may be in state or federal court.

In any event, procedurally the stages of a U.S. civil lawsuit generally occur within the following six categories:

Stage 1: Pleadings

The first step involves one party filing a complaint in the pleadings stage. This can include:

• A complaint in which the plaintiff bringing the suit must set forth the facts supporting the claims and state the causes of action.
• An answer during which a defendant must admit, deny or deny knowledge of any alleged facts in the complaint.
• Affirmative defenses, which involve the defendant providing justifications to the complaint.
• A counterclaim, which is filed when the defendant brings an action against the plaintiff. In other words, if you file a lawsuit against someone, there is a chance they will sue you back. If this happens, you would not only have to fight the person in court, you would also have to defend yourself.
• A reply to counterclaims, which is similar to an answer.

Stage 2: Discovery

After the pleadings, the lawsuit enters the discovery stage. Usually discovery entails:

• Depositions, where the parties can depose (or interview) under oath the other party before the trial.
• Interrogatories, where each party can ask written questions of the other party prior to trial.
• Document demands, where each party can request relevant documents from the other party.
• Subpoenas, which are orders compelling individuals or organizations to produce documents, answer written questions or be interviewed under oath.

Stage 3: Motions

A motion is basically a request or an application to a court asking for a ruling. There are many different types that can occur in a civil lawsuit, including a motion:

• To dismiss the case outright before answering the complaint.
• For summary judgment for the court to make its decision when there is no dispute in facts and no need to proceed to trial.
• To compel, usually when a party is not providing documentary evidence or required information.
• To strike, usually when a party is violating an order.
• To renew or re-argue a previous motion.

There are also various pretrial and posttrial motions.

Stage 4: Pretrial

After the discovery stage, the parties must prepare for trial. This is very time consuming because, in order to be well prepared for a trial, each party must develop its case and defenses. This includes crafting opening and closing statements, preparing direct and cross examinations, providing jury instructions to the court and getting the witnesses ready to testify.

Stage 5: Trial

Most people are familiar with the trial procedure. However, a civil trial is usually not as dramatic as the criminal trials seen on most television legal shows. A trial is usually based on the specific facts supporting a money damage or equitable relief claim. The trial could be a jury trial or a nonjury trial. If it is a jury trial, the parties must pick the jury before it begins. Part of this process involves your lawyer interviewing prospective jurors to ensure they can be impartial.

Stage 6: Posttrial

If the trial is a “bench trial,” in which a judge hears the case (rather than a jury), the judge may request each party to submit a posttrial memorandum or brief. These documents set forth the cases so the judge can review the positions of each party before making a decision. After the judge or jury reaches a decision, the losing party can attempt to appeal or vacate the decision.

In conclusion, the stages of a civil lawsuit are generally complex and can involve cumbersome tasks. Depending on the case and the parties involved in the action, many lawsuits can be extremely expensive and take years to complete. So, if you ever thought, “I’m going to sue them,” or heard someone say, “I’ll see you in court,” think twice before getting involved in a lawsuit. Attempting settlement may save you money and time, and most importantly, peace of mind.

Examples of Civil Issues

Many types of legal issues are civil rather than criminal, including:

• Personal injury;
• Breach of contract;
• Employment disputes;
• Divorce/alimony;
• Child custody / child support;
• Medical malpractice;
• Intellectual property;
• Landlord/tenant;
• Libel, slander, defamation;
• Zoning;
• Estate disputes; and
• Certain tax matters, such as failure to pay or file a tax return on time. (Other tax issues, such as those involving fraud, can result in criminal penalties.)

In a civil suit, the parties don’t face jail time. You may recall that, in centuries past, people could go to prison if they failed to pay their debts. (It was called debtors’ prison.) However, fear not. There is no longer a debtors’ prison in the United States. Only after a criminal conviction can a person receive a prison sentence. However, in a civil suit, a court could hold a person in contempt for failure to comply with an order and, as a result, the individual could be sent to jail until he or she complies with the court order.

Two More Important Questions

1. Is there still time? Lawsuits generally must be filed within certain deadlines, called the statute of limitations. The exact time period varies depending on the type of case and the state. Your attorney can advise whether you are within the prescribed period of time.

2. Can you collect? Let’s say you are successful in court and awarded a judgment. Many people are under the impression that all they have to do is walk into court and pick up the cash. Unfortunately, it’s not that easy, especially if you’re dealing with an uncooperative party or one with few assets. Your attorney can help assess whether the party you want to sue has assets available.