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Business Law

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Institution

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Instructor

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Business Law

Procedural Stages of a Civil Case

Stoel (n.d.) outlines the stages of a civil lawsuit in the following process. The first step is

to contact representatives. Before filing a case, anyone contemplating appearing in court should

consult with their possible attorneys. An attorney may assist in determining if they have a viable

claim and if it is likely to be heard in court. Because these sessions are private, you may tell the

attorney anything about your situation. The attorney will assist them in determining whether you

should file your lawsuit with a state or federal judge.

The second step is to register a complaint during the pleading process. After consultation

with a lawyer, the plaintiff registers a case with the court and serves a copy of the claim on the

respondent. This petition recounts the claimant's losses or injuries, describes how the respondent

committed the damage, establishes the court's jurisdiction, and requests that remedy be granted.

The respondent then has the option of responding to the lawsuit or filing a counter-claim.

The third stage is to do research. After both sides have finished pleading, they

gather facts to support their case. Both parties want to go into the trial with as much detail as

possible. This is usually the most time-consuming component of the civil litigation process.

The fourth step is trial. The trial process begins with both parties filing a brief outlining

their case and the evidence they intend to present. Attorneys present a case before either a jury or

a judge throughout the trial.  The parties enter their case then, if any, summon witnesses to the

stand. 

The fifth stage is the ruling. Depending on what type of prosecution, the judge or jury

evaluates the case before announcing the judgment. A party may opt to appeal the judgment and
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request a fresh trial. This occurs frequently during jury trials since jurors do not always

comprehend the law or legal terminologies.

The final step is to file an appeal. If a side disagrees with the verdict reached during the

trial, they may appeal the decision with an appeals court. This court will examine the lawsuit and

check for inconsistencies. 

Judicial Remedies A Court May Grant in a Civil Case

Civil law provides for monetary, non-monetary, or both types of remedies. The primary

goal of any type of relief is to recompense the offended party and put the appellant in front of the

one who is at fault. Judicial officers give such remedies to the injured parties. The

pronouncement of remedy is always at the court's discretion. If a lower court fails to use its

discretion, its order can be overturned by a higher court. Enneking (2017) defines the following

as the remedies.

A declaration primarily focuses on the Bill of Rights. It can be sought by an individual

who has a legal character or a right to property that is being disputed. No such pronouncement

shall be made by a judge in a case when the plaintiff can seek greater remedies than a declaration

of ownership but fails to do so. The Declaration is not subject to particular fulfillment because it

is just a declaration of the rights of the plaintiffs to the claim.

An injunction is a legal proceeding that mandates a party to do or abstain from doing

something. A permanent injunction prohibits a defendant from engaging in the indicated activity

permanently and can be imposed after trial, once parties have been heard. A preliminary

injunction, sometimes known as an interim injunction, prevents a party from performing the

stated conduct for a limited time. It is governed by and can be granted at any stage of the
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proceedings. The fundamental goal of awarding interim relief is to protect property in dispute

until the legal rights and competing claims of the litigants are resolved.

Specific performance is a kind of alternative remedy made available to enforce the

plaintiffs' contractual obligations. In contrast to a claim for breach, it is a remedy in execution in

which a cash incentive is granted as a cure for failing to satisfy the terms of the agreement.
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References

Enneking, L. F. H. (2017). Judicial remedies: The issue of applicable law.

Stoel Rives. (n.d.). How does a lawsuit work? basic steps in the civil litigation process. Stoel

Rives. Retrieved December 12, 2021, from

https://www.stoel.com/legal-insights/article/how-does-a-lawsuit-work-basic-steps-in-the-

civil-litigation-process.