The Legal Process of Civil Litigation: What to Expect

When a dispute comes about, a civil suit may follow. This is especially true when the parties involved are unable to come to an agreement and resolve their differences. Knowing what the process is and what happens in a civil suit is important.

Civil suits can be brought on a wide variety of matters and regardless of what the reason for the civil suit is, having the assistance of an experienced attorney can help individuals get the best, and most favorable outcome. 

In Florida, the Tampa civil litigation attorneys at Fulgencio Law have extensive experience representing individuals with their civil claims. Whether you are bringing a suit against another party or facing one, an attorney at Fulgencio Law can help.

Detailing the Civil Litigation Process

There are several stages that can arise in civil litigation. 

Demand Letter

A demand letter details the position of the party filing the suit and also notifies the party who is being filed against, that legal action has been taken. In most cases, the civil litigation doesn’t get resolved in court. During pre-suit negotiations, often, an agreement can be made and there is no need to file a lawsuit. But, when the parties involved in the case are unable to hash their issues out and decide on how to settle the dispute, the case enters litigation.

File Complaint

The plaintiff is the party who is filing the suit and their attorney will file a complaint with the appropriate Florida court. Included in the filing, are the parties involved in the case, claims of wrongdoing, who is responsible, and a demand for a judge and jury to decide the case.

Summons

The court will issue a summons to notify the defendant, or the party whom the suit is filed against, that they are being sued. 

Responding to the Complaint

Once the defendant receives the summons, they will be given a limited amount of time to respond to it. An attorney can write the response and include counterclaims if there are any. It is imperative that a response in the allotted amount of time happens because if it doesn’t then the plaintiff will automatically win the case.

The Case’s Schedule is Issued

The court will issue a schedule that will provide for a timeline for the lawsuit as well as all of the steps of the process.

Discovery

The discovery phase of a lawsuit is the fact-finding step where everyone involved in the suit is allowed to collect information and evidence through interrogatories, requests to produce, subpoenas, and depositions. A suit may continue on to trial or may go back into negotiations and be resolved outside of court.

Pre-Trial Preparation

With all of their information and resources to support their case, lawyers must prepare for trial. This is also the point where a lawyer could file various motions to get the court to make a ruling on the case.

Trial

The case goes to trial and a judge or jury will determine the verdict.

Appeals

Potentially, there were issues at trial, new evidence that should have been made known, or missteps that the court made. An appeal may overturn the court’s decision, send the case back to the court, or be dismissed.

Call Fulgencio Law Today

Civil litigation can be long, arduous, and complicated. An attorney at Fulgencio Law can assist you throughout the entire process. Call today to schedule a free consultation at (813) 463-0123.