Civil litigation can take on many forms. A basic outline of the process is below.

Pre-Litigation

In cases such as breach of contract disputes and personal injury disputes it is typical for parties to try and work out their differences without litigation. This normally happens in the form of negotiations and a demand for a remedy. If the demand is not answered, the next step in the process is filing a lawsuit.

Petition and Answer

The Petitioner is the person who files the civil suit, and the Respondent is the person who must answer the civil suit. The lawsuit begins when a petitioner files an “Original Petition.” This petition must be served on the opposing party and then the opposing party has a certain amount of time to file their “Original Answer.” This time frame is codified. The Answer can take forms like a general denial and a request for the court to dismiss.

Discovery

Unlike criminal matters, discovery in a civil case is reciprocal. In the beginning both parties must turn over certain initial disclosures. Next, both parties gather all the information they need from one another. This typically comes in the form of interrogatories, production, depositions, and admissions. Parties usually mediate and try to work out their issues before trial. The deadlines for civil matters, such as these, are codified and sometimes imposed by the presiding judge. A person may also be granted a docket control order that outlines the deadlines of the process.

Trial

If no agreement can be made, then a trial may be necessary. Like criminal trial, trial can normally be held before a judge or jury. However, since this is a civil matter, the Respondent and Petitioner both may be required to take the stand and testify. The process of trial usually follows this order, pre-trial matters, jury selection, swearing in the jury, opening statements, evidence in the petitioner’s case in chief, evidence in the respondent’s case in chief, charging the jury, closing arguments, and finally, a verdict.