Civil Litigation: How Civil Disputes Are Resolved through the Courts

At its core, civil litigation involves one party (the plaintiff) seeking a legal remedy for a wrong allegedly committed by another party (the defendant). The objective is usually to make the plaintiff whole again through damages or to compel a specific action. The scope includes everything from small claims to complex corporate battles.

The litigation process in a civil context differs fundamentally from criminal cases:

• Objective: Civil cases seek compensation or specific performance: criminal cases seek punishment.
• Burden of Proof: In civil cases, the standard is a preponderance of the evidence (more likely than not). In criminal cases, it is beyond a reasonable doubt.
• Parties: Civil cases are between private parties: criminal cases are brought by the state.

These involve a breach of contract where one party fails to live up to an agreement. Common examples include unpaid invoices, partnership disputes, and disagreements over service quality. The goal is often to recover the financial benefit that was lost due to the breach.

This category includes:

• Torts: Negligence, personal injury, and professional malpractice.
• Property Disputes: Disagreements over real estate ownership or boundaries.
• Financial Claims: Actions to recover an outstanding payment or to resolve unjust enrichment.

The case begins with pleadings. The plaintiff files a complaint, and the defendant files an answer. During this phase, parties often engage in motion practice, such as filing a motion to dismiss, asking the court to make a ruling on specific legal issues before the case proceeds further.

Discovery is the most intensive phase. Both sides exchange information through:

• Interrogatories: Written questions.
• Depositions: Out-of-court oral testimony under oath.
• Requests for Production: Gathering documents, emails, and physical evidence.

We perform a forensic audit of the evidence to determine if the case meets the legal elements required for the claim. Delaying civil litigation can permanently bar recovery if the statute of limitations expires, regardless of the strength of the claim. If the filing window has closed, the claim is terminally flawed.

Most plaintiffs seek damages. This can be compensatory (to cover actual losses) or, in rare cases of extreme misconduct, punitive (to punish the defendant).

• Liquidated Damages: Amounts specified in a contract.
• Unliquidated Damages: Amounts determined by the court based on the evidence of harm.

Sometimes, money is not enough. Injunctive relief involves a court order that stops a defendant from doing something (like using a trade secret) or forces them to do something (like fulfilling a land sale). These are known as equitable remedies.

A typical civil litigation case can take anywhere from 12 to 36 months to reach a trial. Delays are often caused by:

• A heavy case load of court dockets and judge availability.
• Complexity of the discovery phase.
• Extensive motion practice where parties argue over legal technicalities.

Cases where both parties are open to settlement negotiations can resolve much more quickly, often before the discovery phase is completed.

The costs of a civil lawsuit include attorney fees, expert witness fees, and court costs. Even with a strong case, there is always a risk that a judge or jury will see things differently. Litigation is never a guaranteed outcome.

A judgment in a civil lawsuit is just a piece of paper. Winning a civil case does not mean the defendant will write you a check. If the defendant is insolvent or has hidden their assets, you may face significant enforcement challenges even after a total victory in court.