Civil Litigation
Please have a look at our chart giving an overview of our civil litigation process.
Process Overview
Civil Litigation Process Overview
Initial Pleadings
Complaint
Answer or Motions
- Motion to Dismiss (Demurrer)
- Motion to Strike
Motion for Summary Judgment
- Either party may file (usually defendant) to ask court to enter judgment “as a matter of law” without the need, cost and expense of jury trial
- Motion is based upon undisputed evidence (usually obtained from discovery)
Note: Ongoing throughout the civil litigation process.
Case Management Conferences
- Court-ordered conferences throughout course of case for judge to keep track of case
Discovery Process
- Depositions of Parties and Witnesses
- Request for Production of Documents
- Request to Inspect
- Interrogatories
- Request for Admissions
- Subpoenas of Business Records
Discovery Motions
- Objections to discovery
- Motions to compel further responses or further production
- Motions for protective orders to avoid responding
Ongoing Case Evaluation
- Investigation of facts
- Research legal theories and defenses
- Retain experts and consultants
Alternative Dispute Resolution
- Court-ordered arbitration
- Court-ordered mediation
- Voluntary mediation
Trial Process
Expert Discovery
- Expert disclosure
- Production of reports and documents
- Expert depositions
Mandatory Settlement Conference
- Requires court appearance
- Client(s) must attend with settlement authority
Trial Preparation
- Witness preparation
- Document and exhibit preparation
- Pretrial motions
- Trial brief
- Jury preparation
Trial
- Jury selection
- Pretrial motions and objections
- Opening statements
- Presentation of evidence
- Cross-examination of opposing witnesses
- Closing arguments
- Jury instructions on the law
Post-Trial Proceedings
- Post-Trial motions
- Verdict
- Judgement
- Award of costs or attorneys fees