While most legal matters get intricate very quickly, civil cases are by far the most complex and messy of them all. This form of litigation is both tedious and time-consuming and involves advanced factual and legal issues. These cases often involve complex subject matters, significant amounts of money, extensive trials, and a rather complex subject matter.
Due to the complicated nature of these cases, it is strongly advised that you work closely with an experienced civil litigation lawyer who has managed to retain an extensive amount of knowledge and serves Santa Fe. However, having an attorney with an impeccable trial presence, persuasive negotiation skills, meaningful connections, and the resources to deal with tons of electronic data will be a huge asset to your case.
Our attorneys have successfully represented both corporate and individual clients in a wide range of civil cases. These cases took place in both federal and state courts, and even in the presence of arbitrators. Our team is comprised of individuals who have the experience, skills, and relevant resources needed to prepare winning cases on any level of difficulty. So, get in touch with our firm today at (505) 305-1263 to learn how we can help you.
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What Is Civil Litigation?
Simply put, civil litigation is the process that involves a dispute between two parties that does not involve criminal sanctions. In essence, it means that the litigation doesn’t revolve around penalties or charges that are characterized as criminal. During civil cases, one part is often referred to as the plaintiff while the other is referred to as the defendant.
However, the plaintiff usually seeks some form of monetary compensation from the other. These disputes can be easily resolved via negotiations, or in a court of law. Civil cases usually involve one person fighting against another, a business fighting against a business, a person fighting a business, or even a person fighting the government along with several other combinations.
When these occurrences are put on trial, the proof needed is generally less strict when compared to criminal cases. During a criminal trial, the prosecutor presents evidence as a means of convincing and proving their case beyond a reasonable doubt. In civil litigation, one party usually only has to prove the case by a preponderance of evidence or, in some cases, by convincing evidence in order to win.
Attorneys in civil cases are also called the trial lawyer or the litigator. Since non-criminal cases are dealt with on the account of civil, litigations, these attorneys need to be more diverse and play a greater role. Common civil cases can include antitrust litigation, real estate litigation, injury claims, civil rights, and even product liability cases.
Complex Civil Litigation Explained
This form of civil litigation usually involves several parties, tons of money, complicated legal matters, and extended court trials. Such cases are heard by the same judge from its inception until the time that it finishes. For these cases to be successful multiple attorneys, defendants, and plaintiffs from different geographic areas, expert witnesses, and even in-depth discovery are needed.
Stages of Complex Civil Litigation
While every case if different from the other, legal litigation cases tend to follow the same set of steps. In order for a party to pursue a case against another party, lawyers must firstly be consulted. This is done in an effort to ensure that the case is solid and that it is on the grounds for success. Lawyers even offer critical advice that builds a stronger case and not all suits fall into these stages:
Investigations are generally the first step in any complex litigation process. Your lawyer and a private investigator are usually involved in this stage and they ensure that all the evidence is found and gathered. This is done in an effort to provide more proof of the claims made and be successful.
Both of them will easily dive into the facts that surround your case and review all of the details available. However, it’s best to keep in mind that the other party will do everything in their power to reject any and all of your claims. Hence, you need to stand strong and be able to prove all of the claims that you make in your litigation. So, be on the lookout for every piece of evidence that can support your civil case.
Pleadings are initial court documents that give a clear outline of the problems that are to be addressed in the case. This stage provides each party with the opportunity to file their pleading which indicates their half of the story. The pleading filed by the plaintiff is better known as the complaint and indicates the wrongdoings of the other party, critical facts surrounding the case, and damages. This complaint must be formally served on the defendant unless the lawyer representing the defendant agrees to have it delivered to him or her.
Upon receiving the complaint the defendant now has the opportunity to file their own pleading. This is officially referred to as the answer. The defendant can request clarification or address the accusations. It is important to note that pleadings are usually public information.
During the discovery stage, both time and constant work are needed. This stage sets the ground for the litigator to seek and gather information as it applies to the case. The task of gathering information is done through dispositions, interrogatories, and even subpoenas.
If you didn’t already know, depositions are witness statements or statements from the opposing party while they are under oath. Interrogatories, on the other hand, are basically formal questions from the litigant to the other party. This ensures that certain matters are factual.
In the case of a subpoena, this is a summons to gather third party documents and information. All of these are meant to gather and clarify factual evidence including documents and information that prove the claims being presented. Both parties are legally able to exchange evidence and relevant information as they prepare for the hearing.
The lawyers representing each party will start negotiation during this phase. However, in several personal injury cases, favorable settlements can easily be reached. In essence, this usually saves persons from the cost and stress involved with going to court.
The plaintiff’s attorney easily demands a rather decent settlement while the defendant either accepts or takes a moment to present a counteroffer. During this step, parties can easily ask the court to either dismiss or rule on certain parts of the case before it gets to the court.
In the instance where agreements are reached during the pretrial phase, cases will move into the trial stage. A trial legally allows both parties to present their case in the court of law. However, if there are specific circumstances, the trial can either bring a jury on board or not. Before going to trial, both parties are obligated to send the judge their briefs.
Briefs will serve to enlighten on the arguments and the evidence that is available to support these claims. Civil cases usually see both sides presenting evidence and calling witnesses to the stand. Lawyers representing either side will also cross-examine these witnesses where a verdict is determined based on the ruling of the judge and jury.
Even at the trial stage, parties can still settle if they decide to and they might not even need to take one step into a court. Court settlements are deemed the final outcome. In some instances, parties can decide to make an appeal if they feel the need to.
If either party leaves without being properly satisfied, they can simply file for an appeal. Appeals ensure that the case is reviewed and the decision previously made can be either reversed or changed. Appeals take some time before they begin but they are much faster than original cases since all the information is already there.
Get In Touch With A Civil Litigation Lawyer
If you’re currently dealing with civil litigation cases, we understand that you’ll be very concerned and burdened with tons of questions. These cases usually entail several complicated aspects. Hence, you’ll need a reputable lawyer who has the experience, skills, and resources to build a successful case.
Our trained attorneys have tons of field experience and they know exactly what it takes to deliver the best results for you. So, no matter if you’re a consumer, an individual, or even a business, we’ll ensure that you get the results that you desire. Our knowledge pool and experience come from fighting some of the most complex civil cases. Contact us today at (505) 305-1263 for your free consultation session to discuss your options.