Understanding Civil Litigation

Civil litigation refers to a dispute brought to court between two or more individuals, businesses or non-profit organizations. The purpose of a civil litigation lawsuit is usually to receive money in the form of damages or to recover some kind of right.

While not limited to the following list, examples of possible civil litigations include Breach of Contract, Employment Discrimination, Health Insurance claims, Malpractice, Landlord/Tenant disputes, Sexual/Racial Discrimination, plus many more.

A civil litigation lawsuit starts when the Plaintiff files a pleading referred to as a "Complaint" against the Defendant. The Defendant will usually then file a responsive pleading known as an "Answer". The lawsuit then enters the "Discovery" phase: a process where each side locates all the facts about the case (this way neither side will be surprised by an unknown fact when the lawsuit enters trial). The Discovery phase usually includes the exchange of documents, one or both parties admitting to facts being disputed, written questions answered by the parties, and witnesses who answer questions under oath before a court stenographer.

Upon the completion of the Discovery phase, a trial date is scheduled in many cases. However, due to a civil litigation lawsuit involving a dispute between private parties, it can be settled by both the Plaintiff and Defendant at any time should they come to an agreement on terms that they both find acceptable. In many cases this can be a preferable alternative than going to trial; both parties know what the outcome will be, and the expenses and risks of trial can be avoided.