Civil lawsuits can be confusing if you are not aware of the right legal procedures. All the legal jargon is enough to make your head spin. If you ever find yourself on either side in the municipal court in KC, it will be helpful if you have an attorney by your side.
Civil lawsuits happen every day. Whether you are filing the case or being filed against, you need to know all the legal proceedings to move forward with the case. With that being in mind, let’s go through the procedures.
What Is Civil Lawsuit?
In simple terms, a civil lawsuit is when a person files a lawsuit against an individual and claims for compensation.
Note: Do not mix your concept with the civil lawsuit with the criminal lawsuit. Both the cases are different. In the criminal case, it seeks punishment for the guilty. While in the case of the civil lawsuit, it just seeks compensation.
Talking With Your Lawyer
Unless you are a lawyer yourself or well versed in the law proceeding, you must hire an attorney as soon as possible. Hiring an attorney at the starting of the case will help your lawyer to assess the situation and give their verdict on whether you have a case or not.
You might feel that a certain someone has done wrong against you. But that can not be said for the court. They need evidence to believe your claim.
Your lawyer will go through the case and assess the data and evidence at hand to see whether your case has a chance or not. If your lawyer is an experienced lawyer, then they will have experience handling cases like yours. This will certainly help you win the case.
Once you have hired an attorney for yourself, a pleading is next in the legal proceedings. This is the part where you will file a paper in the court. And the court will file responding paperwork.
Once you have received the paperwork, you and your attorney need to find out what court is suitable to fight your case. You need to have personal jurisdiction when it comes down to choosing the right courts.
This means that you need to have the right relationship with the state, county, or federal jurisdiction where your case proceeding will take place.
The Discovery Process
This is the phase where you will work hard to get the relevant documents and evidence to back your claim for the compensations. All the collected data and material will be used to prove your case.
By doing so, your opposition will know what is coming next. Remember that you are not allowed to hide the evidence. If you do so, that evidence will not add any value to your case.
Discovery events might include the following.
- Recording testimony of the witnesses.
- Collecting various documents.
- Physical evidence, if possible.
This phase comes when you are unable to settle the case outside of the courtroom. Settling outside of the courtroom is fairly common. In fact, almost 90% of the cases are settled outside of the courtrooms. If your evidence is strong enough, the party will know that they will lose the case and happily settle the case outside of the courtroom.
However, if the settlement doesn’t happen, the trial will proceed with both sides proving their case. The trial might go for more than one court meeting, depending on the complexity of the case. It is the trial phase where all the evidence is shown to the judges to prove the claims and settlements.
If the court feels that the respective evidence is not enough to make judgments, the court hearing on the case is postponed to another date. This process continues until the case is closed.
The Appeal Process
There are times when the losing party appeals to reopen the case or rethink their decision over the case. The appeals will go through several procedures to find whether the decision had any loophole the jury have missed on something.
If there are no such things, the appeal is denied. However, if there is something that the jury missed, the case is then reopened, and the same procedure continues.
Civil lawsuits are different than criminal lawsuits. Both the proceedings are different, and the result also differs. In case of a civil lawsuit, you can only ask for compensation for the claims; however, in criminal cases, people are punished for their crimes.
There you have it. Now you know everything about lawsuits. We have tried to keep these explanations short and simple so that it becomes easy for you to understand. We hope that this article sheds some light on Civil Lawsuits and how the proceedings take place.