Civil Litigation Definition, Examples, Commencement and Stages

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Civil
Litigation

Definition
Civil litigation is the process that involves civil cases that are resolved in the court of
law. Though it is a legal process it does not involve the cases related to government and
person or any criminal case.
Basically, cases involved in civil litigation are cases involving non-criminal legal disputes
that may involve two people, groups, or parties, maybe in marriage or any business
proposal.
The lawyers who have specialization in civil litigation are the litigators or the trial
lawyers. Civil litigation attorneys are the client’s advocates who give their best to have
decisions in the favour of their client.

Examples of Civil Litigation
Breach of a contract
People involved in an accident
Dispute between Spouses
Defamation
Medical malpractice
Fraud, etc

Commencement of Civil Litigation
A civil case is commenced when a person or the party (plaintiff) files a case in the civil
court, claiming that he/she is harmed in any way by the deeds of the other person or
the party (defendant).
While filing the complaint against the defendant, the plaintiff may ask for the damages
in monetary form (the defendant will have to pay for the harm ) or the plaintiff may ask
for an injunction (the court must order the defendant from or to do anything), or even
the plaintiff for declaratory judgment.

Stages involved in Civil Litigation
It’s not a compulsion that every civil case will follow the
same procedure, the court may rearrange the stages for
how the civil litigation procedure will be followed
depending on the complexity of the case. Well, there are
seven stages that are mostly followed in civil cases:
1. Investigation: This is the first stage in which the
attorney investigates the claims and collects evidence
that could be done by visiting the place of the accident
or the dispute, asking the questions to the witnesses
informally, as every piece of information can go for or
against the plaintiff or the defendant.

2. Pleading: Pleading is the backbone of any lawsuit. It is done to start any case in which
the plaintiff in written files a complaint against the defendant and give details of the case
and damages done. In response to it, the defendant files some type of answer to it.
3. Discovery: It is the longest and most essential part of the civil case. In this stage, both
sides involved in the case exchange information, proofs, witnesses, strength, and
weaknesses through deposition, interrogatories, subpoenas. The discovery phase helps
both sides to be prepared. Basically, it is the process that determines the case will be
won or lost.
4. Pre-trial proceedings: Some of the cases are resolved doing the pre-trial stage. In this
stage attorneys of both sides try to enter in a negotiation or settlement. During this
stage, the party may file motions to resolve or narrow the issues for trial and the
motions can be-a Motion to compel, motion to dismiss, or motion for summary
judgment.

For example, the plaintiff can ask a certain amount of monetary value and then the
defendant will have a limited time to answer for it, and if the defendant agrees for the
same the case is settled at pre-trial proceedings.
5. Trial: The majority of the civil cases are settled before this stage that is at the pre-trial
proceedings. The cases that are not solved till this stage are heard by the judge or the
jury. In this stage the witnesses are examined and cross-questioned by the lawyers of
both sides in front of the judge, then on this basis, the judge or the jury take their
decision.
6. Settlement: After taking into consideration the evidence and the witnesses presented,
the judge or the jury announces the settlement.

7. Appeal: This is the last stage of a civil litigation
case, in this stage, the attorney of both sides have
the power to file an appeal on the behalf of their
client if they feel the judgment was unfair.
So, in simple terms, civil litigation can be defined as
the legal process in which civil cases that are noncriminal
disputes are resolved in a court of law. The
procedure for such cases began as the plaintiff filed a
case against the defendant. Most of the cases are
settled during the pre-trial proceeding but depending
on the complexity of the case the stages can be
modified for how the process of civil litigation is to be
carried out can also be modified

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