Wednesday, November 27, 2019

Civil litigation process essays

Civil litigation process essays The civil litigation process involves a long chain of events. Civil litigation is separate from criminal court and doesnt give clients the same rights. For instance in criminal court you have the right not to testify, but in civil you do not possess this right. When in civil litigation you also forfeit your right to counsel. These are some separations of these courts and considerations when filing a civil suite. The first step of this process begins with determining if you have a legal dispute. To determine this most people seek the advice of a lawyer. In civil court you have the option of pro se, which is defending yourself, pro bono publico, which is a lawyer will take the case for free, legal aid societies, which is a private organization that represents the poor, finally legal services, which is a government agency that represents the poor. Usually in most case you must pay for your lawyer, but some lawyers offer the option of being a contingent lawyer, which means they charge you a portion of your winnings depending on the amount of work needed to be done. These charges are 33%, 40%, and 50%. The next step in this process is picking a court. This step is usually is done by your lawyer. When decided on a court the following step is to file a complaint. This is a legal document created by plaintiffs attorney stating what the dispute is. The document also explains to the court why they have jurisdiction. Finally this document explains what kind of relief they want from the defendant. In the last step of this process a summons requirement is issued by the court that tells the defendant they are being sued. In the next step the defendant must file a response giving their reply to the plaintiffs accusations. Once these steps have been followed, the next step begins, which is the pretrial activity. In this process there are three additional steps. They are motions, discovery, and conferen...

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