Litigation Lawyers in Crossville Helping You Combat Civil Litigation Challenges
The field of civil litigation is broad and varied, and it encompasses a wide range of legal areas. From personal injury claims to investigating allegations of fraud, ensuring that you secure qualified, quality representation during your civil litigation case can be the secret to a successful outcome.
Here at Davis Law Firm, we work hard with clients across a range of practice areas to help ensure that they have the help, support, and assistance they deserve at every stage of their case. From planning and preparation to presenting arguments in court, we can help you to navigate the waters, remove your confusion, and work with you in an attempt to secure a favorable outcome.
What Is Civil Litigation?
Civil litigation refers to a legal dispute between two or more parties. The civil litigation attorney will represent either the defendant or the plaintiff. In order to be eligible for civil litigation, the parties involved in the case must be seeking equitable relief, compensatory damages, or specific performance, rather than a punishment via criminal prosecution.
In some cases, the line between criminal and civil law can be indistinct and blurry; some criminal cases, such as fraud, will be pressed during a civil lawsuit, while some alleged victims involved in criminal cases may also file a civil lawsuit. Here at Davis Law Firm, our team of attorneys have skills in both areas, so we can navigate this fine line with skill and finesse, helping you at every stage of your case.
What Happens Before A Civil Litigation Trial?
It may seem surprising, but the vast majority of work required for a civil litigation issue will take place before the case ever sees the inside of a courtroom. Your legal representative will be required to undergo a range of tasks to help prepare and, in some cases, resolve the issue prior to the trial taking place.
- Initial Case Investigation: This is always the first step in a civil litigation case, and it is a chance for all parties involved to gather the required evidence. In the case of a plaintiff, you will need to ensure that there is adequate evidence to file a lawsuit, while defendants will need to gather evidence to prove their innocence. Attorneys on both sides may talk to witnesses, take statements, collect documentation, and ensure that they have a clear, accurate overview of the case. At this stage, there may also be a pre-settlement litigation discussion; in the best cases, the trial can be resolved here without any further action being required.
- Drafting Pleadings: The plaintiff must draft a pleading to initiate the lawsuit, and the defense must answer this and counterclaim if appropriate. This is also a chance for legal counsel to draft pre-trial motions, strike evidence, request to change the venue or date of the trial, or avoid a court appearance altogether by requesting judgments to be made on the basis of the pleadings.
- Process of Discovery: This is a chance for both parties to gather all necessary facts, and it may include the following:
– Depositions – these can involve a series of oral questions, answered under oath in an office setting
– Interrogatories – this comprises a series of written questions, which the other party is required to answer truthfully in writing. These answers are given under penalty of perjury
– Requests for any documents in possession of the other party
– Requests for admission – this means requesting that the other party will deny or admit to certain aspects of the case in writing, under oath
– Examination of all relevant physical evidence and analysis of information – this may be outsourced to experts and professionals depending on the subject area
At this point, attorneys can also draft and argue discovery-related motions. These motions compel the other side to respond to discovery requests within a certain period of time.
- Pre-Trial Tasks
Just before the date of the trial, if a settlement has not been reached, both parties will need to complete the discovery process and begin preparing for a day in court. This may include:
– Retaining expert witnesses
– Attending any relevant pre-trial conferences
– Developing trial strategies, as well as conducting pre-trial depositions
– Preparing any demonstrative evidence
– Drafting and arguing pre-trial motions
Achieving A Settlement
In many cases, civil litigation attorneys will seek to achieve an attractive settlement which is mutually beneficial for both parties involved. This has a number of advantages; it eliminates the need for an adversarial court case, saves time, money, and effort, and offers an opportunity for both parties to achieve an outcome that is the best fit for everyone involved. If a settlement cannot be agreed to, the case will go to trial.
How Can We Help?
Here at Davis Law Firm, we have plenty of drive when it comes to traversing the grey space between civil and criminal. We have acted as advocates in civil litigation cases for individuals across the Crossville area and our qualified team has the skills and knowledge you need to take your next steps forward.
Get in touch with us today atand see how you can help you navigate the complexities of the court system.