Civil Trial Process
A civil case is a claim that typically deals with contracts, business matters, or negligent acts that end in harm. These trials can be a long, complicated, drawn out process and may be overwhelming for some. Learn more about how to handle a civil case.
What is Discovery in a Civil Case?Discovery is the pre-trial phase in a lawsuit in which each party investigates the facts of a case, through the rules of civil procedure, by obtaining evidence from the opposing party and others by means of discovery devices including requests for answers to interrogatories, requests for production of documents and things, requests for admissions, and depositions.
Read more- What Happens at a Deposition in a Civil Case?
A civil case is a claim that typically deals with contracts or business matters. Torts are usually negligent acts that end in damage or harm. Civil cases may occur through the intentional or negligent actions of others. For most civil cases, the remedy is money damages.
Read more - Why Does a Lawsuit Take So Long?
One of the most common questions attorneys get while representing a client is “when will this case be over?” This is an obvious question given that the attorney probably costs money, the lawsuit takes time and energy, and living with worries about the outcome of the case can be a constant source of stress. Still, lawsuits take time, and parties who expect a case to be over in a few weeks are usually disappointed. So, why does a lawsuit take so long?
Read more - Who's Who and What's What in the Courtroom
Going to court can be a stressful experience, especially if you have never been. Aside from the fears of what may be at stake or concerns about a new social setting, many are scared of embarrassing themselves by not knowing who does what, what things are called, etc. There are actually a number of traditional rules, terms, and procedures many are unaware of, and though not usually that important for the lay person, knowing what they are could be useful in putting one's mind at ease.
Read more - How Can I Serve Someone if I Don't Know Where They Live?
Before a court can have jurisdiction over a defendant, the plaintiff must serve him or her with the legal documents that show that a legal action is pending against him or her. Here are a few ways that you may be able to use to locate the other party and to ultimately have him or her served.
Read more - Suggestions for Those About to Take Part in a Deposition
The purpose of a discovery deposition is for an attorney or a party in a case to find out as much as they can about the facts of a law suit. If you are a party to the case, you will likely have a good idea of what to expect, ideally through the advice of your attorney. But, if you are either unrepresented or not a party to a case, this guide should help you understand how to behave, what is at stake, and what your obligations are.
Read more - How Long Does it Take to Receive Settlement Money?
After you finally received word that your case had settled, your first thought was probably when you would receive your settlement check. While you can ask your attorney to give you an estimate of when you can expect your check, the answer to this question depends on a number of factors, such as the defendant’s policy, the type of case that it is and whether there are any extraneous circumstances affecting payout.
Read more - How Do I Sue the Person Suing Me?
Once embroiled in a lawsuit, one can often feel powerless, angry, abused, and confused. Indeed, many feel as though they did nothing wrong but that the other party – the one suing them – did. In that situation, it may be possible to actually sue the person who brought the original lawsuit. But how does one do that and what are the limitations?
Read more - I Won My Lawsuit, Now How Do I Collect?
So, you have won your lawsuit, but the other side has not simply cut you a check. What do you do? How can you go about collecting your judgment? These are a few tips to help you with the collections process:
Read more - How Can I Get a Judgment Released?
A Satisfaction of Judgment or Release and Satisfaction is a legal document that shows that the plaintiff has been paid all that he or she is owed, based upon the original judgment against the defendant. This legal document is important because it is not revocable; once it is signed and filed with the court, it cannot be changed. Judgment debtors are usually in a hurry to get this type of release so that the civil action stops adversely affecting their credit.
Read more - What Is a Summons?
A summons provides legal notice to a party about a lawsuit. It is the first official notice that a defendant receives to notify him or her that he or she is being sued. In some instances, the summons may specify a specific court date, but in others, it does not.
Read more - Death of a Party in a Pending Lawsuit - Can the Lawsuit Continue?
There are laws that govern the issue of if a person dies while a case is still pending, and it is often possible to continue with the lawsuit even in this event. It is generally possible to initiate a claim when the individual affected dies before it goes to the courtroom, and the surviving family or spouse may have a valid right.
Read more - You Can't Just Sue Anybody Who Is Rude to You
In order for a plaintiff to prevail with a lawsuit, there must be an existing framework for recovery. Simply put, individuals generally may not have a successful cause of action based on someone else simply being rude to them.
Read more - How Do Subpoenas Work?
While a summons may require another party in the case to appear, a subpoena can require that a particular person appear in court or for other proceedings. Additionally, this legal tool can be used to acquire information that one of the party desires.
Read more - How Do I File a Response to a Summons if I Am Residing in Another State?
When someone receives a summons, it is usually to indicate that they are being named as a defendant in a lawsuit. If the person fails to respond in a proper manner within the specified timeframe, the plaintiff may be able to receive a default judgment against the defendant in which they receive the relief asked of the court. Particular complexities can arise if the defendant resides in another state.
Read more - What is a Standard of Review in an Appeal?
Sometimes, after one finishes the trial, the case is still not over. One side or the other (or sometimes both) may feel that the court made an error in either allowing or preventing something to be shown in court, applying the law, or in some procedural matter. When one files the appeal, they are asked to describe which standard of review they believe will apply to the higher court's review of the case. So what is a standard of review and why does it matter?
Read more - Felony Preliminary Hearing Setting Conference
There are several steps in a criminal case that require assistance with legal representation, prosecuting lawyers and other important persons. The preliminary hearing setting conference has the date set specifically for the preliminary hearing used for the case of whatever charges were issued to the accused.
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