State of Confusion Paper
BUS/415

There are several stages to a civil lawsuit. The first stage is Pleadings. This starts off with the original court documents and involves one party that files the complaint. These documents state the initial plaintiff’s argument or case against the other party, also known as the defendant. This allows the defendant to have knowledge of the plaintiff’s facts amid legal grounds of their claims. At times when suing another party they may arise to suing you back, if in that case such a situation occurs, you will then fight back in court while also trying to defend yourself. Then a counterclaim can be filed by the defendant if they have an independent claim against the plaintiff. The second stage is Discovery. This includes depositions which entails the parties of deposing or interviewing under oath before the start of the trial. There are a few types discovery. One is written discovery which has its own two forms; Interrogatories and Requests for admission. Interrogatories are the questions that in your own version of the claims. Requests of admission mainly ask the party to deny or admit to the facts stated in the claim. Penalties can come about if not answered, or answered if false manner. Discovery can also include subpoenas from the court ordering individuals or organizations to produce certain documentation, interview under oath, or answer any written questions which would be the second form of discovery. The third is depositions. This involves a court reporter transcribing your sworn statement from the questions asked by the attorney/s. The third stage is Motions. This is an application or a request to the court regarding or asking for a ruling. This includes different types that may occur in a civil suit. One is to compel when a party is not cooperating by not producing any necessary documents, evidence, or other required information. Another one is dismissing the case before answering the complaint. Arguing or renewing previous motions, also taking action when the other party is in violation of an order. And a summary for judgment for the court to make a decision when there are no facts and no other reason to move on to trial.

Stage 4: Pre-Trial
After the discovery stage, the parties must prepare for trial. This is very time consuming because in order to be well prepared for a trial, each party must develop its case and defenses. This includes crafting opening and closing statements, preparing direct and cross examinations, providing jury instructions to the court and getting the witnesses ready to testify.
Stage 5: Trial
Most people are familiar with the trial procedure. However, a civil trial is usually not a dramatic as the criminal trials seen on most television legal shows. A trial is usually based on the specific facts supporting a money damage or equitable relief claim. The trial could be a jury trial, or a non-jury trial. If it is a jury trial, the parties must pick the jury before it begins. Part of this process involves your lawyer interviewing prospective jurors to ensure they can be impartial.
Stage 6: Post-Trial
If the trial is a “bench trial,” in which a judge hears the case (rather than a jury), the judge may request each party to submit a post-trial memorandum or brief. These documents set forth the cases so the judge can review the positions of each party before making a decision. After the judge or jury reaches a decision, the losing party can attempt to appeal or vacate the decision.

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