WHAT TO EXPECT IN A CIVIL LAWSUIT
Below is the timeline of what you can expect when you are planning a lawsuit. No two cases are just alike. Thus, this is just a general sketch of what might happen with yours. If you are ever uncertain of what legal course to take, contact an experienced attorney like those at Robert Reeves.
- Something happens that creates a claim: a tort, a breach of contract, or a breach of some other law that creates a claim
- (Often) You retain a lawyer. You contact a lawyer, see if they are think you have a case and are willing to represent you. Alternatively, you can represent yourself (become a pro se litigant), but the law is a complicated field, and judges see nonlawyers differently than they see lawyers.
- Your lawyer (or if you are going pro se, you) may demand the person your claim (the defendant) is against pay you what you believe you are entitled to. The defendant may be willing to negotiate a settlement before you file a lawsuit.
- Your lawyer files a lawsuit.
- Discovery begins. Your lawyer will likely depose witnesses and demand production of documents. Settlement negotiations will continue.
- Mediation. Most cases have been settled before this point. Mediation is mandatory in many jurisdiction, including almost all counties in South Carolina. In mediation, your lawyer will attempt to come to an agreement with the defendant’s lawyer in a structured negotiation.
- Trial. Very few cases make it to this point. At trial, your lawyer will likely ask for a jury. Motions will be argued. Opening arguments will be made. The case will be presented to the jury through presentation of evidence and testimony. The lawyers will make closing arguments. The jury will deliberate. A verdict will be returned. A judgment will be entered.
- Enforcement. If the defendant does not voluntarily pay the judgment and does not wish to appeal, your lawyer will have to do additional legwork to get the judgment enforced. If necessary, a sheriff can be brought in to literally take things of the defendant.
- Appeal Settlement Negotiations. It may be that either party’s drive to litigate is strong enough that appeal seems inevitable. If so, there may be negotiations to whittle down the trial judgment against the defendant down or to get a recovery even when judgment was entered against the plaintiff.
- Appeal. If a party wishes to appeal and is entitled to one, the litigation process moves to appeals courts. If the judgment is affirmed, the same party may continue to appeal. If the judgment is overturned, the case can either be dismissed or remanded to the lower court for further consideration.
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