Many people are exposed to civil litigation through popular legal drama shows on TV or at the movies. Others are exposed to the civil litigation process because they have been called to jury duty and have gone through the process of jury selection. Some of the people called to jury duty get excused from jury service; while others are asked to sit on a jury. The jury’s man function is to listen to evidence and make factual determinations surrounding the dispute and issues in controversy by applying the law to the case circumstances.
An even smaller group of people sue a person, business, or corporation or are sued by a person, business, or corporation. Whether you are contemplating filing a civil lawsuit or have been served with a civil lawsuit, the general civil litigation lawyers in Alabama, at Massey, Stotser & Nichols, PC provide representation in litigation of commercial disputes, business transactions, professional malpractices cases, labor and employment disputes, contract disputes, and other controversies.
A lawsuit begins when the plaintiff files a complaint in court and serves the complaint on the defendant. A complaint is a legal document that sets forth the factual allegations of the case and the relief or outcome the plaintiff requests from the court, including a jury trial. A bench trial is a trial where the judge makes the factual and legal determinations of the case.
The defendant files an answer in court and serves it on the plaintiff. An answer is the defendant’s response to the lawsuit. The defendant agrees or disagrees with the factual allegations, can cross-sue or request another party be bought into the lawsuit to share in the responsibility of the dispute or ask to dismissed from the case, among other remedies.
When the discovery phase is complete, the attorneys often make motions, or written requests, asking the court to decide parts of the case or all of it. In this phase, issues get narrowed down by dismissal or judgment. If triable issues of fact or law remain, the case proceeds to trial.