Civil Litigation and What You Need to Know about It
Criminal cases can usually be associated with the crime and law that most people would associate as shown on television and the news. However, many civil conflicts and disputes are also dealt on another side of the law. When two parties can settle their disputes, either in or out of court, this other side is often termed as civil litigation. In this law, disputes regarding property issue, disputes that are work related and professional misconduct, are involved.
When two people have a disagreement over a problem or when the dispute has a significant complications, civil litigation would then start off. With matter on hand, it is common for both parties to go and seek legal advice about it. The lawyer of either party could process a formal documentation known as pleadings, which happens when after examining the claims, the lawyer will see a written requirement of it, file it and notify the other party.
The second step in civil litigation proceedings revolves around the exchange of information between the two parties, and each of their evidence or proof will be presented. In case one party has the intention to come to a solution, for as long as the other party has no problem of the resolution presented, then they may do so. On the other hand, if the resolution process is not satisfactory to either one of the parties concern, they may choose to g for a pre-trial, then a trial and then wait for the final judgment on their disputes. The main objective of the whole proceedings is to give both parties with the right judgement so both parties will feel satisfied.
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Note that this kind of civil litigation has not specific time limit, meaning it could go on for years. Sometimes, the accuse may fight to the end if this party is confident enough to win the trial and they have the money ready to pay all legal fees. Be informed that the court will not provide any lawyer or any financial support for the parties. Everyone has the right to fight till judgment day is made, and even if one loses a trial, they can file for an appeal in a higher division of the court.
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In summary, it is actually up to the two parties to resolve their civil litigation case and come up to a right and amicable settlement of their case. In this condition, the case may not go to court if they had settled the issue. The case may be raised to the court if the issue has no settlement agreed by both parties, and in such case, they should be ready with the costs involved in the proceedings.