Civil Litigation

There’s a few things I like about civil litigation and they are; the challenge of the fight, the adversarial approach, the reading, writing and research.

A lawyer has to be quick on his feet and have nerves of steel when faced with the challenges presented in litigating a case. Civil litigators have to embrace controversy and conflict.

Civil litigation encompasses all the areas mentioned in my practice areas except for criminal law.  Civil litigation seeks money damages or specific performance rather than criminal sanctions.

There is a process to civil litigation which is governed by the Florida Rules of Civil Procedure (FRCP). Each area of law has its own specifics, but the steps in a civil case are essentially the same.

Those steps in a nutshell are:

  1. Pleadings
  2. Motions
  3. Discovery
  4. Trial

Pleadings are generally your Complaint and Answer. The Complaint is your initial allegations and demand for relief, typically for money. The Answer is the opposing parties response to your allegations in the Complaint. The Complaint and Answer are subject to FRCP 1.100 Pleadings and Motions and 1.110 General Rules of Pleading.

Motions are more specific than Pleadings and are governed by FRCP rules 1.100 Pleadings and Motions and 1.160 Motions. A Motion is a written request to the Court to address some aspect of the litigation. There are a myriad of different motions and they are only limited by imagination.

Discovery is the investigation portion of the case and covers a lot of area. There are a number of FRCP rules but the first one to look at is 1.280 General Provisions Governing Discovery.

Much of the time spent in litigating is during the discovery process. This is the most time consuming area of a civil case. And it is in seeking discovery that cases are generally made.

After all that is done, if the case has not been resolved, then its off to trial. This is where everything is put together in order to prove your case to the judge or jury. This area is governed by a number of FRCP rules but start with 1.440 Setting Action for Trial.

If you are a Pro Se litigant, which means you are representing yourself without the help of a lawyer, and reading this trying to figure out how to sue somebody or how to answer a complaint, what I have presented to you is not intended as any form of legal advice.

Suing and being sued is complex and you need to know what you are doing. If you don’t know, you could lose important rights, money, or property. Get the help of a lawyer. It’s worth the bucks you will have to shell out but it beats the alternative.

If you would like my help, contact me. I will do the best job I possibly can for you and be your zealous advocate.