Civil litigation refers to the court processes that are utilized in order to resolve conflicts that are civil in nature, as opposed to criminal. This means that while there aren’t any criminal acts or intent that have caused the damage, but rather conflicts or disputes that have arisen due to a difference in opinion or understanding between two or more parties. The aim of the civil litigation process is to compensate the party for the damages or harm sustained. Alternatively, the purpose of the civil litigation process is to restore the party to their original position as before when the damage occurred. The civil litigation process in Richmond Hill is no different, and as one of the foremost civil litigation experts in the city, Dharsi Law is here to help explain the civil litigation process.
Before we start with the civil litigation process, it is important to understand that matters including contracts, ownership of property, employment disputes and other such contests of civil nature are all part of the civil law litigation, and as such, the onus of proof falls upon the plaintiff or whosoever files the charges. While some cases may proceed differently, the vast majority of civil litigation occurs within these well-defined processes.
Lets start by briefly looking at each step of the process.
Civil Litigation In Richmond Hill: A Brief Overview
The civil litigation process in Richmond Hill follows the same process as the rest of country, however, there are a few differences which set it apart from the rest. Lets look at each part of the process to better understand the civil litigation process in Richmond Hill.
Pleadings
The first part of the process is referred to as the pleadings, and this is where the essential groundwork or the foundation of the entire litigation process is laid out. The pleadings include the statement of claim, the statement of counterclaim or defence, and finally, any subsequent filings of claims from both the defence and the plaintiff. The statement of claim is the first claim statement that describes the actions and the circumstances that caused said damage, and sets forth the amount that they state they are entitled to. The defence team is then supposed to submit their statement of defence, also called a counterclaim, which refutes the preceding statement and sets their own version of the account. Any subsequent claims from either the defence or plaintiff are also included in the pleadings, which leads us to the next step.
Motions
Motions are certain decisions that either party is supposed to request the honourable judge for. These include but are not limited to motions filed to exclude specific details of evidence to not be used in the proceedings, or motions filed for a specific purpose during proceedings. The presiding judge is supposed to make decisions on these motions according to the best interests of the course of justice.
Discovery
The discovery part of this process in litigation of civil lawsuits includes the discovery plan, which is essentially a plan that scopes out the documents to be utilized in the course of the litigation, the identities of the individuals who will be produced for examination as well as document submission that includes all relevant information about the case. In the final part of this section, lawyers of both the parties cross question various details and nuances of the civil claim, with each of them trying to prove their specific version of statements put forth at the start of the litigation process. It is imperative to note here that that during the entire process of discovery, an examiner will be present who will transcribe the entire testimony following each party taking an oath to state nothing but the truth.
Mandatory mediations
In this part of the process of civil litigation, both parties are supposed to provide their mediation briefs that they will have produced beforehand for the other party to read. A neutral mediator is then appointed to try and resolve the matter and keep it from proceeding to trial. While many civil litigation cases can be resolved during mandatory mediations with the help of a mediator, should mediation not produce the desired effect, the parties are supposed to go towards a settlement conference, or they may proceed on to the next step of the litigation process for civil claims in Richmond Hill.
Pre-trial conference
In a continuation of the previous step, before the parties may proceed to the actual trial any party in the civil claim may set the matter down for a trial. In this pretrial conference a judge will hear the evidence presented from both sides and will negotiate a settlement between the two parties. This pretrial conference may result in a settlement between the two parties; should that not be the case, the judge will automatically proceed the case onwards to a trial. It is imperative to note here that the particular judge who oversaw the pretrial conference is not allowed to had the actual trial.
Trial
In this part of the process, the trial is usually held in a court as decided by the local law. Both parties are supposed to present their evidence, arguments and to present their witnesses. It is very common for civil claims to include expert evidence which may be called by either side. Upon the successful conclusion of this trial, a decision will be made which will be binding on all the parties involved. The judge will also set the amount for claims made in the start of this process to be awarded. Once a decision has been delivered, any party not satisfied with the outcome of the process may file for an appeal.
Appeals (if filed)
Should a party feel that the verdict passed down is incorrect or isn’t truly reflective of the law, depending on the civil lawsuit filed, they might have an opportunity to file an appeal. While it is very common for a party to file an appeal, the Lord dictates that there must be either an error in law or an error in judgment. It is important to note here that a party cannot simply appeal because the decision was not in their favor or if they feel like they do not like the decision. An error in fact or an error in law is an imperative for an appeal process.
Dharsi Law: Making Civil Litigation Easy And Approachable For All!
At Dharsi Law, we use unparalleled experience and excellence within the civil litigation field, combined with a deep understanding of civil procedures and a penchant for using innovative strategies, to ensure positive outcomes for your civil claims. Our aim is to make civil litigation easy, approachable and understandable for all. From real estate litigation to commercial litigation and cases involving employment disputes, we can ensure that your legal, financial and social rights are taken care of. With Dharsi Law, you are getting excellence in civil litigation above all
