An In Depth Perspective On Civil Litigations
January 14, 2024 | by Admin
Civil litigation encompasses a broad range of disputes; it essentially includes any legal case that doesn’t involve criminal charges. Lawyers who specialise in this area of law are known as litigators, and their work involves taking legal action to resolve disputes between individuals, businesses, government bodies and other entities. One common front where this occurs is within property disputes, in particular those that pertain to building and construction issues.
This is where our topic centres on the specific role of certain types of litigators, who are especially needed in places where property construction is prevalent. For instance, in Newcastle, a hyperactive property market has seen the rise of a new breed of specialists: building defect lawyers Newcastle.
Building defect lawyers Newcastle help parties in Newcastle and its surroundings in cases concerning construction quality disputes. When a newly constructed building does not meet the agreed-upon specifications or if there are structural problems or defects found after construction, litigation might be necessary. In these cases, the expertise of building defect lawyers can be a lifesaver.
The lawyers specialised in handling these kinds of disputes fall under the realm of civil litigation. To understand how they navigate litigation proceedings, it’s important to comprehend the process of civil litigation. The entire civil litigation process falls into seven distinct stages; investigation, pleading, discovery, pre-trial, trial, settlement and appeal. Not every lawsuit passes through each stage of litigation; most lawsuits are settled prior to trial and even those that proceed to trial do not necessarily reach an appeal.
The initial step in the process is the investigation. This involves gathering all necessary documentation, data, or evidence to support a case. Lawyers must also prepare an argument or defense strategy that they believe will be beneficial in winning the case.
The next stage is the pleadings, where both parties file initial papers explaining their side of the dispute. Discovery involves the formal investigation into the facts of a lawsuit consisting of interrogatories, depositions, and requests for admissions.
Approximately one month before trial, the parties may have to participate in a pretrial conference to narrow the issues of the trial and to make a final effort to settle the case. If these efforts fail, the case then proceeds to trial.
At the end of a trial, a decision or ‘verdict’ is made. If the case is not dismissed or settled, it will then go to trial where the litigants present their evidence before the judge or jury, which then decides in favor of one side.
Post-trial, the losing party has the option to appeal the decision. An appeal is not a retrial or a new trial of the case. The appellate courts do not usually address factual disputes in a case; instead, they deal with legal errors.
Thus, the civil litigation process can be a complex, complicated journey. Parties to such disputes, including building defect issues, greatly benefit from legal expertise and guidance. Hence, the demand for professionals like building defect lawyers Newcastle in civil litigation is increasingly becoming more prominent.