fbpx Skip to Content

Melbourne Civil Litigation Lawyer

What is Civil Litigation?

What is the civil litigation process?

Civil litigation is the formal process for dispute resolution, typically through the court system, but sometimes through alternative dispute resolution systems, such as arbitration. If there is a contract between the parties in dispute, the contract may specify that arbitration rather than a lawsuit must be pursued to resolve disputes between the parties. Arbitration is less formal than a lawsuit, it is private, typically less expensive and moves faster than a lawsuit, and the case is decided by one to three arbitrators, rather than by a judge or jury. Depending on the nature of the dispute, deciding whether to pursue it in court or in arbitration may be an important strategic decision.

Defining Civil Litigation Terms:   

  • Tort: This is an act of wrongdoing that resulted in another person suffering loss or harm (For example: CAR ACCIDENT, INJURY ON THE JOB, SLIP AND FALL ECT).
  • Complaint: The first pleading filed that sets the civil case in motion.
  • Damages: The reward or money sought after for the determined loss/injury.
  • Discovery: During discovery, each side asks the other to supply information and evidence. This may include conducting depositions, answering written questions under oath, or submitting to mental or physical examinations. During discovery, each side works to obtain the information necessary to build their case.
  • Brief: A written legal document that is presented by each individual side to the court explaining each person or entity's side.
  • Summary Judgment or Trial – Either side can request a summary judgment, during which a judge reviews the evidence and determines if the facts clearly decide the case. If not, the case proceeds to trial.
  • Mediation: There are two types of mediation: pre-suit mediation which occurs prior to the complaint being filed and post suit mediation which happens after the suit is filed and is required by the Courts prior to any Trial being set.
  • Arbitration: When the two parties in disagreement decide to resolve issues without going to court and instead take it to a private panel of arbitrators. These are typically found in contractual disputes as most contracts have a clause for Arbitration.
See a more detailed version of the Civil Litigation process explained in our blog post. 

What Does a Civil Litigation Attorney Do?

A civil litigation attorney specializes in representing clients in non-criminal legal disputes, such as car accidents, workplace injuries, slip and fall cases, and more. They handle the entire process from filing the initial complaint to seeking damages for the client's losses or injuries. Throughout the case, the attorney conducts discovery to gather evidence, prepares legal briefs to present their arguments to the court, and may request a summary judgment if appropriate. In cases where resolution outside of court is preferred, the attorney may facilitate mediation or arbitration to reach a settlement. Overall, a civil litigation attorney guides clients through the legal process and

Why choose Lacey Lyons Rezanka?

When you are facing a legal matter, you want a team of attorneys you can trust to handle your case with the highest level of expertise and personal attention. At Lacey Lyons Rezanka, our accomplished lawyers bring over 30 years of combined legal experience to every case we take on. With decades of practicing law, we have an in-depth understanding of the legal system and the strategies needed to effectively advocate for our clients' rights and interests. What truly sets our firm apart, however, is our genuine commitment to delivering an exceptional client experience. We understand that dealing with legal issues can be incredibly stressful, which is why we make every effort to guide you through the process with compassion and clarity every step of the way. From the moment you walk through our doors, you will be treated with the utmost professionalism and respect by our warm and welcoming staff. Our attorneys take the time to truly listen to your unique situation and understand your goals. We then develop personalized legal strategies tailored to your specific needs and circumstances. Throughout your case, we make sure to keep you fully informed with regular updates and prompt responses to any questions you may have. You can have peace of mind knowing your case is in capable hands. At Lacey Lyons Rezanka, we take pride in being ethical, results-driven advocates for our clients. Our long track record of successful outcomes is a testament to our tenacity both in and out of the courtroom. When you entrust your legal matter to us, you can be confident your case will be handled with the highest levels of skill, integrity and client-focused service. Contact us today to learn how we can assist you.

Our Firm Handles the Following Civil Litigation Disputes:

The civil litigation process involves several key stages:

Pre-Suit - This initial phase involves investigating potential claims, evaluating the case, and may include sending demand letters in an attempt to resolve the dispute before filing a lawsuit. Complaint/Answer - A lawsuit is formally initiated by the plaintiff filing a complaint laying out their claims. The defendant must then respond by filing an answer addressing each allegation. Motions to Dismiss/Summary Judgment - The defendant can file a motion to dismiss challenging the legal sufficiency of the complaint. Later, either party can file a motion for summary judgment seeking judgment without a trial if there are no material facts in dispute. Discovery - This is the fact-finding stage involving exchanging information through written discovery requests, depositions of parties/witnesses, and subpoenas. Settlement Negotiations/Mediation - The parties attempt to negotiate a resolution throughout the process. Mediation involves a neutral third-party mediator helping facilitate settlement discussions. Pre-Trial Hearings - The court holds hearings to resolves various pre-trial issues and motions related to the case. Trial - If the case does not settle, it proceeds to a trial where both sides present evidence and legal arguments before a judge or jury, who will render a verdict. The judge then enters a final judgment based on the verdict. The litigation process is designed to allow the parties due process in having their claims addressed, while creating opportunities for potential resolution short of trial through settlement channels.

Contact Our Experienced Legal Team and Schedule a Meeting with a Brevard Civil Litigation Lawyer.

 
Contact our Firm Today

Practice Areas

Click Here to Schedule a Consultation