Learning More About Complex Civil Litigation

By Edwina Heuser


The definition of complex civil litigation is when a dispute between two parties has been submitted formally to a court for mediation which doesn't include criminal cases. Such action doesn't need to be submitted to a court of law to constitute it as a formal law suit. Lawyers will mediate many other types of suits such as divorce cases or employment issues in the labor courts. Small claims lawsuits are included in this definition.

The attorney normally is a lawyer that will specialize in the specific type of law, the likes of partnership disputes. As another example, if a person files a medical malpractice suit, the lawyer that is hired should specialize in medical and malpractice law. It wouldn't help a plaintiff if a criminal lawyer was to argue a malpractice suit because it is likely that the criminal lawyer doesn't know as much as a medical malpractice lawyer would know.

The complainant is also known as the plaintive and the person that is being sued is known as the defendants. The attorney is responsible to undertake the procedure that needs to be followed when a suit is filed in a court of law.

Once the judge has agreed on a trial date, the two different lawyers may ask for postponements so that they are allowed more time to investigate the case and to build their arguments and defense. Once the trial takes place, the merits and the evidence will be discussed and decided upon by a jury. They will decide upon the outcome of the case and the compensation that will be paid to the winning party.

In very complicated lawsuits, these motions can take years. They will ask for more time to continue their investigations or submit other motions. The trials and hearings will take place when both the lawyers have prepared their arguments.

In the trial, witnesses will be interrogated. Evidence will be presented as evidence, experts will be asked to testify for or against each party. Once the outcome is heard, the case will either be dismissed or the defendant needs to compensate the complainant. If the defendant is not happy with the outcome of the trial, or suspects witness tampering, he or she can appeal the court's decision at a later stage.

Complex civil litigation will follow the same process however; it will take many years to complete the lawsuit. Large organizations that have billions can hire lawyers that will postpone and delay the case for as long as they like. They will be able to produce motion after motion for the case to be dismissed. In these cases, even if the complainant is successful, they might not see a settlement for several years after the case has been decided because these organizations will submit appeal after appeal before the courts provide the final decision.




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Posted by: Unknown - Sunday, November 18, 2012

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