Civil litigation is the legal process by which one party, the Plaintiff, seeks to recover damages or specific performance from another party, the Defendant. Civil litigation can be complex and time-consuming, but understanding the ins and outs can help you navigate the system and achieve a successful outcome. This article will provide an overview of the civil litigation process and the key steps involved. View this link to hire a reputable civil lawyer in UAE.
Filing a complaint:
The first step in civil litigation is the filing of a complaint. The complaint is a document filed with the court and sets out the Plaintiff’s claims against the Defendant. The complaint must include a statement of the Plaintiff’s legal and factual allegations and a prayer for relief, which is a request for the court to grant the Plaintiff’s requested remedy.
Service of process:
Once the complaint is filed, Defendant must be officially notified or served with a copy of the complaint and a summons. This is known as the service of process. Defendant then has a certain amount of time, known as the statute of limitations, to respond to the complaint.
Discovery is the process by which both parties gather evidence to support their case. This can include exchanging documents, depositing, and conducting interrogatories, which are written questions that the opposing party must answer under oath. Discovery can be lengthy and expensive, but it is an important step in preparing for trial.
During the litigation process, either party can file motions with the court. Motions can include requests for summary judgment, which is a request for the court to rule in favor of one party without going to trial, or motions to dismiss, which is a request for the court to dismiss the case due to a lack of evidence or other legal grounds.
In many cases, settling a civil lawsuit without going to trial is possible. This can save time, money, and emotional stress for both parties. A settlement can be reached through negotiations, mediation, or arbitration. It is important to consider the pros and cons of settling and to have a clear understanding of the terms of the settlement before agreeing to it.
If the case does not settle, it will proceed to trial. The trial is where the parties present their evidence and argue with a judge or jury. The judge or jury will then decide on the case, known as a verdict.