INFORMATION ABOUT CIVIL LITIGATION

Most adults at some time will become involved in a dispute with another party. It might be a contractor who damaged your home, a roofer who did not fix a leak or a driver who rear-ended you while you were stopped at a traffic light. Most of these disputes will be resolved without involving lawyers or the court system. Some, however, will escalate into Civil lawsuits.

We hope that the questions and answers presented here will assist you in familiarizing yourself with some of the main issues and terms associated with Civil Litigation. While the material below attempts to answer common questions in this area, State and local laws may significantly modify the facts set forth. Because all legal problems are unique, nothing provided here is a substitute for the advice of competent counsel We strongly urge you to consult with an attorney licensed to practice in your state about any particular legal problem you may have.

WHAT IS CIVIL LITIGATION?

Civil litigation, as opposed to a criminal prosecution, involves a dispute between two or more individuals or businesses, usually over money. Breach of contract, personal injury, and landlord/tenant disputes are examples of disputes that, if tried in court, are referred to as "civil litigation" matters. The attorneys at the firm are experienced in many areas of civil litigation. They routinely pursue claims for personal injury, sexual and racial discrimination, professional malpractice and breach of contract, as well as representing clients in landlord/tenant cases, employment-related cases, claims against insurance companies, and a wide variety of other areas.

WHAT ARE THE TITLES OF THE PARTIES IN THE LAWSUITS?

The person who begins a lawsuit is known as the "Plaintiff." The person who is sued is known as the "Defendant." There can be more than one plaintiff or defendant in a lawsuit.

WHAT PAPERS GET FILED TO START A LAWSUIT?

A lawsuit is usually started by the Plaintiff filing a pleading known as a "Complaint." Next, the Defendant files a responsive pleading of some sort (usually this is an "Answer").

WHAT IS THE "DISCOVERY" PHASE OF A LAWSUIT?

After the answer is filed, the parties engage in "Discovery," a process through which each side finds out all the facts about the case so neither side is surprised by an unknown fact at trial. Discovery can include written questions that are answered by the parties (known as "Interrogatories"), witnesses answering questions under oath before a court stenographer (known as "depositions"), the exchange of documents and one or both of the parties admitting certain facts that are in dispute.

WHEN WILL TRIAL START?

Usually; trial is scheduled after discovery ends.

WHAT IS AN "OUT-OF-COURT" SETTLEMENT?

Because a civil lawsuit involves a dispute between private parties, it can be settled by the parties at any time. An out-of-court settlement is simply an agreement between the plaintiff and defendant to end the lawsuit on terms that they each find acceptable. Usually, a settlement involves a compromise between the Plaintiff and Defendant. It is important to remember that not all cases need to be litigated in court or go through the entire process discussed above. Settlements are often preferable to a trial because each party knows what the outcome will be and saves the considerable risks and expenses incurred when a trial is involved.

WHAT IS SMALL CLAIMS COURT?

Generally, the Civil Justice system in the United States is set up so that smaller claims (normally a maximum of $5,000.00 to $10,000.00, depending upon the geographic area) can be pursued in Small Claims Courts, which are sometimes called "Municipal Courts" or "District Courts". These courts are set up so that you don't need a lawyer. They are more informal than regular courts and can be a quick and inexpensive way of resolving minor disputes. You can find the telephone of your local Small Claims Court by looking in the blue pages of your local telephone directory.

DO I NEED AN ATTORNEY?

Many disputes are settled before anyone files a lawsuit. Depending on the circumstances, you may be able to work out a settlement with your opponent without hiring an attorney. Similarly, if your dispute is one that may be handled by your local Small Claims Court, you may not need an attorney.

For larger claims, however, you should retain a lawyer to represent your interests. Often a lawyer can work out a settlement of the dispute before a lawsuit is started. If that is not possible, you will want a lawyer to represent you in court. The Rules of Civil Procedure that govern court proceedings are complex and not following them can result in your case losing the lawsuit. You will be at a distinct disadvantage if you don't have an attorney.

HOW IS MY ATTORNEY PAID?

If you are the Plaintiff, and depending on the type of case in which you are involved, you will either be responsible for paying your lawyer for the time he or she spends on your case as the case proceeds (an hourly fee) or your lawyer may be willing to accept a percentage of the recovery (a contingent fee) as the fee when the case is over. The two of you may also work out an arrangement whereby your lawyer will accept a fixed, or flat fee, for representing you.

If you are a Defendant, your lawyer probably will want to be paid an hourly fee. However, depending on the circumstances of your case, you and your lawyer may agree to a different arrangement.

Whether you are a Plaintiff or Defendant, you should discuss with your lawyer what his or her fee will be for representing you at the very beginning of your case and insist that your lawyer put the fee arrangements in writing before doing any work on your case.

DESSEN, MOSES & ROSSITTO is happy to assist you in any legal matter that involves either Pennsylvania or New Jersey, the two states in which our attorneys routinely practice. If you wish to contact us for more information concerning this field of law or any other in which we practice, please send us an E-mail message and we will be happy to try to assist you.

LINKS TO OTHER INTERESTING INFO

Administrative Office of PA Courts
Federal Court Locator
Federal Rules of Appellate Procedure
Federal Rules of Civil Procedure
Federal Rules of Evidence
Freedom of Information Act (FOIA) Guide
How PA District Justice Courts Work

Information found at this Web site is for general informational purposes only and is not intended to be legal advice or the rendering of a legal opinion. DO NOT assume that anything contained in these Web pages answers your specific legal problem. Each legal situation is unique. You should seek independent legal advice and counsel regarding any specific legal problem you may have.