While every legal case is indeed likely to have its challenges, some civil litigation cases can be extremely complicated. These sorts of cases can consume a lot of time and require experienced legal professionals due to the sophisticated issues that can be presented. Complex civil litigation cases usually have a couple of different parties involved and involve a lot of money, long and tedious trials, complicated subject matter, and more.
Due to the tricky nature of these sorts of cases, you want to partner with a civil litigation lawyer serving Rio Rancho who has the requisite knowledge needed to give yourself the best chance to win. They should have a lot of expertise dealing with similar cases, a great ability to negotiate, and experience with trials, and they should be highly connected. Likewise, you want them to have the requisite resources needed to deal with all of the aspects and scope of the case.
Our attorneys have experience representing both individual and corporate clients in a lot of different complex civil litigation cases, which means you are getting attorneys who know what they are doing. We also have the skills, knowledge, and resources needed to prepare your case as well as possible. We are never afraid of taking your case to court if that would be in your best interest. However, we always strive to reach a favorable settlement to ensure your risks are minimized. Contact us today at (505) 305-1263 to schedule your completely free, no-obligation consultation.
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What Exactly Is Civil Litigation?
To understand complex civil litigation, you first need to know what civil litigation is. Civil litigation is a process that involves two distinct parties and where the legal issues are not based on criminal sanctions. Thus, this type of case isn’t going to involve any sort of penalty that can be deemed criminal. Instead, one party referred to as the plaintiff is looking to get some form of compensation whether it be monetary or something else from the other person called the defendant.
This process can play out in a variety of different ways. For one, it can be resolved through amicable negotiation. Another way it can be resolved is through the court system. This type of case can start with a person bringing a case against another individual, a person against a business, an individual against the government, or even a business against another business.
When this type of case heads to trial, there is usually much less strict terms when it comes to proving something. With a trial that has criminal proceedings, you will need to have evidence that proves something beyond a reasonable doubt. Whereas, when you are taking on civil litigation, whoever has the more convincing evidence is likely to win.
Typically, an attorney who regularly deals with these types of civil cases will be called a litigator. Because these cases are non-criminal, this type of lawyer can take on a lot of roles and must have very broad knowledge and expertise. There are all kinds of different types of civil cases that can include personal injury cases, civil rights cases, liability suits, and more.
What Is Complex Civil Litigation?
This type of litigation includes various cases that have a lot of parties involved. It can also include the cases that have a lot of money at stake, cases that feature long court trials, and cases that involve very complex subject matter. These sorts of cases are typically looked over by a single judge from the very beginning to the very end.
These cases usually feature several attorneys working on the same case with multiple witnesses, and with plaintiffs and defendants that are located very far apart. Likewise, they usually involve a lot of complicated legal issues and various other things that can make the case extremely long and drawn out.
What Are The Stages of Complex Litigation?
While each of the cases that are considered complex legal litigation cases is different, there are usually standard stages that each case goes through. Before going through with the pursuit of civil litigation, it would be recommended to discuss your options with an experienced attorney to figure out whether or not you have the requisite proof and evidence to get the judgment you desire. They should be able to help you build the strongest possible case. It’s also important to understand that not every case is going to go through the same standardized process.
This is the very first stage of the process and one that every case will go through. Your experienced civil litigation lawyer near Rio Rancho, NM, will help find and organize all of the evidence that you will need to win your case. They will go through and do a very thorough fact check to figure out how to approach your case, and they will review all of the credible evidence and documentation to prove your side and best represent you.
Keep in mind, the opposing party will be out to discredit you in any way possible. Therefore, you will need to be able to prove everything you are arguing and you need to have the requisite evidence to do so properly.
In this stage, documents are submitted to the court that outline the different issues that will be brought up and addressed throughout the case. Each of the parties will submit their pleading that goes over their side of the story.
The pleading filed by the plaintiff is referred to by the courts as a complaint. This document will effectively go over all of the different wrongdoings of the party they are accusing. It will also detail all of the damages they suffered and any other pertinent facts that need to be brought up about the case. This complaint must be formally served on the defendant unless the lawyer representing the defendant agrees to have it delivered to him or her.
From there, the defendant will go ahead and file their pleading. This is usually referred to by the courts as an answer. With this document, the defendant will look to either request more clarification for the case or reply to the accusations set forth by the plaintiff. These documents are usually public information.
This is usually what takes up the most time and energy in any complex civil litigation proceeding. This is when litigators work to acquire information through depositions, interrogations, and even through subpoenas.
An oral statement taken from a witness or an opposing party is referred to as a deposition. Interrogatories are formal questions from one litigant to the other party to clarify things. A subpoena is a request for various pertinent information or documents.
All of these things are taken into account to determine and verify all of the facts surrounding the case. Each party will be given the ability to exchange this information formally to gain the needed preparation to present their side of the case for a future trial.
This is the point where both sides look to begin the negotiation process. In a lot of cases, there will be a favorable settlement reached during this stage. This is especially true among personal injury cases. After all, settling can help to minimize frustration on both sides and it can reduce the potential for high court costs. The plaintiff’s attorney will try to secure a favorable settlement for their client, and the opposing attorney will accept or make a counteroffer.
During this stage, either party would be able to request the courts to either dismiss parts of the case or make a final ruling before it reaches trial.
If the two sides don’t come to an agreement, the case will move on to trial. Both parties will be able to go to court and present all of their evidence and their case. Depending on what circumstances surround the case, the case may involve a jury of peers. Before the beginning of the trial, each party will give their briefs directly to the judge. These will include documents that talk about the arguments they are planning on making during the trial and all of the evidence they are presenting.
In a civil case, each side will present their evidence and they will bring any witnesses they have forward. Each side will have the opportunity to cross-examine any witness that is brought out. From there, both the judge and the jury will be able to determine the final verdict.
That being said, even when it hits this stage, both parties still can settle if they can agree to terms. Thus, the parties involved may not need to go to the courtroom at all.
Any settlement determined directly by the courts is usually considered the outcome, but an appeal can be made by either party once the judgment is made.
If either of the involved parties deems the outcome of the case to be unsatisfactory, they will be granted the ability to file an appeal. This is a process that forces them to review the case closely to figure out whether or not there should be a change in decision. This process can take some time but it often finishes faster than the original case. This is primarily because each attorney has all of the facts and evidence they need to present the case by this time.
Contact a Lawyer to Review Your Civil Litigation Case in Rio Rancho
If you find yourself dealing with a complex litigation case, you are likely going to want to get all of the pertinent questions you have answered by a professional attorney. There are so many things that are involved in this type of case. Therefore, you want to find someone capable of explaining them to you and representing you as best possible.
Our professional attorneys at FBD Law have the requisite experience needed to help guide you through the process. There is nothing too small or large for us. Likewise, there is nothing too complex. Contact us today at (505) 305-1263 and we can schedule a free consultation to discuss the options you have available.