Leonid Cherny - In most cases, many people associate crime and law with the criminal cases they see on the news or on TV. However, there is another side to the law which deals with many civil conflicts and disputes. This is most often referred to as civil litigation. It can sometimes be settled in or out of court depending on the verdict and settlement between the two parties. This sort of law can involve disputes regarding property issues, work-related disputes along with professional misconduct.
Civil litigation usually starts off when two people will have a disagreement over a problem or dispute that has significant complications. It is common for both parties to then go seek legal advice about the matter at hand. When this happens, the lawyer will examine the claims and if they find that it requires a written complaint, they will file it and notify the other party. This formal documentation is known as pleadings.
The next step in civil litigation proceedings is all about the exchange of information between the two parties based on the evidence or proof either party has. If one party intends to come to a solution, they may do so provided the other party has no problem with the resolution. However, if any one of the parties involved is not satisfied with the resolution process, they may go for a pre-trial and then a trial and then expect a final judgment on the issue. Either way, the main objective of the whole process is to provide both the parties with the correct judgment so that both the parties may feel satisfied.
This kind of civil litigation does not have any specific time limitation. Sometimes, a litigation trial can go on for years. If the accuse is confident enough to win the trial and they have the required amount of money to pay the legal fees, they may fight till the end. Since the accuser is fighting for the trial, it is their duty to spend the amount of money needed for their lawyer. The court will not provide them with any lawyer or any monetary support. So, the client should be prepared for all the relevant costs if they are to fight a trial for a long period of time. For example, cigarette companies have been fighting against all the lawsuits or judgments that have been made in recent years against them. So, it is does not matter what someone does or what their business or objective is, everyone has the right to fight till a judgment is made. Even if an individual loses a trial, they can lodge an appeal in a higher division bench of the High Court.
Leonid Cherny - All in all, it is up to the two parties to resolve their civil litigation case and reach the right settlement for a case. A case may go to court if the issue has not been settled but then the parties involved will then need to seek legal advice and be aware of the costs that are involved in such proceedings.