This practice note is intended to provide an overview of the essential elements of civil litigation in the United States, with a specific focus on the federal court system and an eye toward the needs of practicing attorneys.
Civil litigation, a cornerstone of the American legal system, involves a legal dispute between two or more parties seeking monetary damages or specific performance rather than criminal sanctions. For attorneys navigating this complex terrain, an understanding of its fundamental elements is crucial. This practice note outlines these aspects, such as pleadings, discovery, trial, and appeals, in the context of federal civil litigation.
Table of Contents
- Introduction to Civil Litigation
- Pre-Filing Considerations
- The Pleadings
- The Discovery Process
- Pre-Trial Motions
- The Trial
- Post-Trial Motions and Appeals
- Alternative Dispute Resolution (ADR)
- Ethical Considerations
1. Introduction to Civil Litigation
Civil litigation encompasses a broad range of disputes including personal injury, contract, employment, and property cases. It is initiated by a party, known as the plaintiff, who alleges that another party, the defendant, has failed to fulfill a legal duty owed to the plaintiff.
1.1 Federal vs. State Courts
| Federal Courts | State Courts |
|---|---|
| Jurisdiction over federal laws, diversity jurisdiction cases, and cases involving the U.S. government. | Jurisdiction over state laws. |
| Comprised of District Courts, Courts of Appeals, and the Supreme Court. | Comprised of trial courts, intermediate appellate courts, and the highest state court. |
| Federal Rules of Civil Procedure govern. | Each state has its own rules governing civil procedure. |
2. Pre-Filing Considerations
Before filing a lawsuit, attorneys should consider the merits of the case, possible defenses, jurisdiction, venue, and the statute of limitations.
2.1 Choosing the Right Court
Ensure that the court has both subject matter jurisdiction over the issue and personal jurisdiction over the parties.
2.2 Statute of Limitations
Determine the time limit for filing the lawsuit.
3. The Pleadings
The pleadings stage involves the filing of formal documents that outline the plaintiff’s claims and the defendant’s defenses.
3.1 The Complaint
The initiating document that sets forth the plaintiff’s claims.
3.2 The Answer
The defendant’s response, which may include defenses and counterclaims.
3.3 Amended and Supplemental Pleadings
Either party may amend or supplement the pleadings under certain circumstances.
4. The Discovery Process
Discovery allows both sides to obtain evidence from each other. This includes depositions, interrogatories, and requests for documents.
5. Pre-Trial Motions
Before trial, parties may file motions to resolve issues such as dismissing the case, obtaining summary judgment, or excluding evidence.
5.1 Motion to Dismiss
Seeks to terminate the case early due to legal deficiencies in the plaintiff’s complaint.
5.2 Motion for Summary Judgment
Seeks a judgment without trial when there are no material facts in dispute.
6. The Trial
If the case is not resolved through pre-trial motions, it proceeds to trial. Trials may be before a judge (bench trial) or jury (jury trial).
6.1 Jury Selection
Process of choosing jurors through voir dire.
6.2 Presenting Evidence
Both sides present evidence through witnesses and documents.
6.3 Closing Arguments
Final opportunity for attorneys to address the court.
6.4 Verdict
The jury or judge renders a decision.
7. Post-Trial Motions and Appeals
Following a verdict, parties may file post-trial motions or appeal the decision.
7.1 Motion for a New Trial
Seeks to overturn or retry the case due to errors during the trial.
7.2 Appeal
A request for a higher court to review the trial court’s decision.
8. Alternative Dispute Resolution (ADR)
ADR methods such as mediation or arbitration offer alternatives to traditional civil litigation.
8.1 Mediation
A neutral third party helps the disputing parties reach a mutually agreeable resolution.
8.2 Arbitration
A neutral third party renders a binding or non-binding decision after hearing evidence.
9. Ethical Considerations
Attorneys must adhere to ethical rules, including duties of competence, diligence, communication, and confidentiality.
