What is Civil Litigation? A Simple Guide
Civil litigation is the legal process used to resolve disputes between individuals and/or businesses. Unlike criminal cases, civil litigation involves one party suing another for compensation or other remedies. These cases cover a wide range of issues, from contract disputes to torts.
Common Types of Civil Litigation
- Contract Disputes: When one party fails to fulfill the terms of an agreement, the other party may sue for damages or seek an order requiring the party to perform.
- Property Disputes: These cases involve disagreements over property ownership, boundaries, easements, or rights.
- Torts: These are wrongful acts (other than breaches of contract) that cause harm, such as defamation or negligence.
The Civil Litigation Process
Civil litigation typically follows these steps in Colorado District Court:
- Filing a Complaint: The plaintiff initiates the case by filing a legal complaint.
- Filing an Answer or Counterclaim: If you are sued, you may file an answer to the complaint and include a counterclaim against the plaintiff if you have your own cause of action.
- Disclosures: Both sides must make voluntary disclosures after the case is “at issue,” which typically occurs when all pleadings have been responded to and defaults have entered. Mandatory Initial Disclosures include a disclosure of potential witnesses, documents, and damages being claimed.
- Case Management Order: If the amount at issue exceeds $100,000.00, the parties must submit a case management order that outlines the claims/defenses, addresses various deadlines and the adequacy of disclosures. A case management conference may occur in which the Court issues the case management order and sets the case for trial. Civil trials are usually set 12 months from the date of filing and can be continued to a later date depending on the Court’s case load.
- Discovery: After the case management order issues, both sides may engage in discovery. Discovery generally involves seeking information related to the case through depositions (asking questions under oath of the opposing side), interrogatories (written questions that must be answered under oath by the opposing side), and request for production of documents (written requests demanding certain documents be produced by the opposing side).
- Pre-Trial Motions: Lawyers may file motions to dismiss or motions for summary judgment before going to trial in an attempt to obtain a judgment without a trial.
- Trial: If the case isn’t settled or disposed of by motion, the case goes to trial, where a judge or jury makes the final decision.
- Post-Trial Request for Attorney Fees: If you succeed at trial and your contract contains a fee shifting provision that allows for attorney fees to the prevailing party, you may seek attorney fees from the opposing side if you receive a favorable judgment. You may also have a right to attorney fees under certain statutes. Absent a contractual provision or statute authorizing the recovery of attorney fees, each side must typically pay for their own attorney fees.
- Appeal: Either party can appeal the decision if they believe there was a legal error. Judgments from the District Court generally are appealed to the Colorado Court of Appeals. Judgments issued by the Colorado Court of Appeals are generally appealed to the Colorado Supreme Court. While you have a right to appeal to the Colorado Court of Appeals, appeals to the Colorado Supreme Court do not have be reviewed by the Court; rather, the decision to review is discretionary.
- Collection: If you obtain a final judgment, then you may need to hire a lawyer to collect the judgment. Jason P. Kane and Ranson & Kane PC do not engage in collection actions but may be able to refer you out to a collection attorney or agency. When deciding whether to pursue civil litigation for damages, you should always consider the likelihood of collecting from the opposing side if you obtain a judgment. A judgment does not guarantee payment.
Why You Need a Civil Litigation Lawyer
Civil litigation can be complex and time-consuming. Civil cases can take years to resolve depending on the complexity and circumstances. If you need legal assistance with a civil case, contact Jason Kane today about possible representation. Mr. Kane has been practicing civil litigation at both the trial court and appellate court level for over 20 years throughout the state of Colorado.
Disclaimer: This post is for informational purposes only and represents opinions regarding civil litigation. This post should not be construed as legal advice or the forming of an attorney client relationship with the reader. If you need legal assistance, you should consult with legal counsel.
