Any other person who is not familiar with the legal process may find the aspect of civil litigation daunting. Despite suiting a person and claiming damages or defending yourself against a lawsuit, knowing every step of a legal solutions of New Mexico, you will feel more confident and better prepared. An experienced litigation lawyer is very important in taking the customers through these processes – from the first complaint through to the judgement. The following is an in-depth examination of a civil lawsuit.
1. The Pre-Lawsuit Investigation and Demand Phase.
The process of assembling evidence, investigating the facts and deciding on the validity of your case will be carried out by your civil litigation lawyer before a court case is actually commenced. This phase usually entails the examination of contracts, photographs, e-mails, and statements of witnesses to determine the existence of liability and losses. Your lawyer might in most instances write a demand letter to the other party in an effort to settle without necessarily going to court. Conflicts may be solved early to save time, money, and stress.
2. Submission of the Complaint and Service to the Defendant.
When negotiation is unsuccessful, the second option is to make an official complaint in the court. This is a document that contains the claims of the plaintiff and the remedy that is being pursued, which may be in monetary form or injunction. After being filed, the complaint should be legally served to the defendant so that he/she is duly informed about the suit. The defendant will usually be given a given time frame of response, which is usually between 20 and 30 days.
A litigation lawyer makes sure that every piece of paperwork is duly filed and the deadline is met. Omission of a procedural condition may result in stalling or even termination of the case.
3. The Discovery Process
It is during the discovery stage that the two parties share information that is pertinent to the case. This phase involves written interrogations known as interrogatories, document requests, and deposition where the witnesses or parties respond to questions under oath.
A seasoned litigation attorney applies discovery as a means of uncovering the important facts, evaluating the opponent side evidence and developing a solid case. Discovery usually identifies the merit of both sides and may result in pre-trial settlement negotiation.
4. Pre-Trial Motions and Settlement Discussions.
The pre-trial motions can be filed by either party before the case is tabled. These movements may seek to have the sections of the suit thrown out, some facts omitted, or even seek a summary verdict, i.e. the court decides without a trial.
At this level, there are numerous lawsuits that are settled by mediation or negotiations, and in most cases with the assistance of your attorney. An out-of-court settlement can be a quicker and more affordable resolution and not as unpredictable as the jury.
5. The Trial
In case the case is brought to trial, both sides make their cases, bring their witnesses, and present their evidence before a judge or a jury. Civil litigation lawyer is a very crucial person who questions witnesses, produces exhibits and provides convincing arguments. With deliberation, the court comes up with a verdict that establishes liability and damages.
6. Appeals and Enforcement
In case one party does not agree with the decision, he/she may request the court of higher authority to appeal. The litigation attorney can appeal the wrongs committed at trial or state that the ruling was not in your favor. After finalizing the ruling, your counsel may assist in its enforcement: that is, in receiving the payment or seeing the order of the court is obeyed.
Conclusion
Going through a civil suit without a lawyer may be difficult and dangerous. An experienced litigation lawyer does not only describe every step, but secures your rights, provides organization, and plans in order to achieve the best results. Being either a defendant or a plaintiff, having a skilled advocate may be the only difference between getting justice and not.
