Crash Course in Civil Litigation: How Lawsuits Work | interrogatories, oversimplifying, circumstances, controversial, controversies, postponements, understanding, aggressively, fundamentals, jurisdiction, | CLIENTELEVISION - Video on Demand from LTVN

Overview of Civil Cases

Though Hollywood prefers to focus on dramatic criminal cases, civil litigation touches on a broad range of human controversies which have an enormous impact on our society. In civil cases, litigants have put an end to segregation in public schools, established fundamental civil rights, taken dangerous products off the shelves of retail stores, and have even sparred over the election of a United States President. In civil court, parties fight over the right to die, protecting privacy, custody of children, freedom of religion, abortion rights, and a litany of the most controversial issues known to man.

Despite the media's focus on the daily dramas of real litigants and their lawyers, the impact of judicial decisions may affect those who aren't even parties to a specific case. Though the criminal prosecutions of Michael Jackson and O.J. Simpson captured enormous public attention, the same could be said for civil cases involving Terry Schiavo, Elian Gonzales, Bush v. Gore, and Big Tobacco -- cases which were likely to have much more impact on the lives of everyday citizens than matters centering on the fate of Scott Peterson or the actor formerly known as Baretta.

Fortunately, most lawsuits never make the papers and lack the drama of those that do. Yet, even seemingly mundane cases may take many months or even years to resolve. Depending on the particular jurisdiction in which a lawsuit is filed, cases may take as little as three months to come to trial and as long as two years -- that is, before one adds the additional time of postponements which are common to the litigation process.

While the lawsuit is pending, attorneys must aggressively investigate the facts underlying each case, conducting such discovery as depositions, document requests, and interrogatories. Furthermore, just because a lawsuit has been filed, that does not mean that the case will ultimately be decided by a jury after a full trial on the merits of the case. A lot can happen on the way to the courthouse. Indeed, depending upon the circumstances of a particular case, effective litigators may be able to resolve the matter prior to trial through a variety of "motions" or may be able to settle the case through skillful negotiation. In fact, even after a full trial on the merits of a case, parties have rights to appeal which may add additional months or years to the litigation process.

Understanding the litigation process and its unique terminology is essential to sound decision making. At the risk of oversimplifying a very complex system, this understanding may best be achieved by reviewing the litigation process step by step.

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