Civil litigation offers a formal process in a judicial forum in which to resolve legal disputes. While each case is unique, most civil cases follow a similar path from filing the action to a settlement or verdict. Before you proceed with a lawsuit, understanding the common milestones of a case filed in court can help you develop sound expectations on what to expect.
The initial pleadings stage
When a person with a claim–referred to as the Plaintiff–begins an action in court, they do so by filing a Complaint. This document describes in detail the allegations, claims, legal basis for the lawsuit and the requests for judicial relief. Once the opposing party–referred to as the Defendant–is served with the Complaint, they receive a Summons which includes a specific timeframe for them to file a response–referred to as an Answer–typically 30 days under New Hampshire Court Rules.
Once a Plaintiff has filed their case, and the Defendant files their Answer or a motion to dismiss in response, this exchange of documents establishes the parameters of the case and identifies the key issues in dispute.
Discovery and evidence gathering
Discovery is the phase of the case in which both parties exchange information and gather evidence. This process involves providing documents, answering written questions and participating in depositions where sworn testimony is given outside of court. During this process, parties are often required to produce business and financial records, transaction documents or other records relevant to the case. This process can take several months, depending on the complexity of your case. One or more of the parties may also hire an expert witness in their case to conduct testing or analysis, and give testimony in deposition and in court. Expert opinions to be offered at trial are also exchanged during the discovery process.
Mandatory mediation and settlement talks
Before a dispute can proceed to trial, New Hampshire court rules mandate that the parties participate in some form of alternative dispute resolution. Most often, this involves mediation. This process requires both parties to meet with a third-party mediator and make a good faith effort to reach a settlement. Although reaching a settlement is not a requirement of mediation, the process provides an opportunity for cases to settle through negotiation. Parties to a lawsuit may participate in settlement discussions at any point in the process, not just during mediation. If the parties do reach an agreement, the case is concluded, saving each party the expense and stress of proceeding to trial. However, if a settlement is not possible, the case proceeds to trial where a judge or jury makes the final decision.
Trial and resolution
When a case goes to trial, both sides present their overview of the case, the evidence which supports their case, and their final argument in support of their requests for relief. Depending on the type of case being tried, it may be presented to a judge or a jury. During trial, each party has the opportunity to present their testimony and the testimony of their witnesses, as well as other evidence which supports their claims or defenses. Ideally, they do that with an experienced trial attorney at their side who presents their client’s case and cross-examines the opposing party and their witnesses. Knowledge of the law, the rules of civil procedure, and the rules of evidence are critical to a successful trial.
After hearing all evidence, the judge or jury renders a decision, referred to as a verdict. If either party is unhappy with the verdict, they may seek appellate review of the decision based only upon errors of law which they believe occurred during the trial. The appeal is heard at the state Supreme Court which reviews the trial record for any errors of law resulting from either party’s presentation of evidence or argument, or any rulings of the trial judge.
Facing a civil dispute
Understanding the civil litigation process is an important first step toward deciding how to best to resolve a dispute. A civil action, depending on its complexity, can extend over months or years of extensive activity. In cases which involve complexity beyond the knowledge and experience of ordinary people, it is prudent to retain the help of a knowledgeable and experienced trial attorney as early as possible to evaluate your case, and determine the best most effective path to achieve a desired outcome.