Civil litigation is a legal process used to resolve disputes between individuals, businesses, and other entities. Unlike criminal cases, civil litigation involves private disputes where one party seeks compensation or another form of legal remedy from another party. Understanding the basics of civil litigation in Missouri can help you navigate the legal system effectively if you find yourself involved in a civil lawsuit.
At the Saxton Law Firm, our Missouri business attorneys are highly prepared for civil litigation whenever necessary. While we help you take steps to avoid litigation when possible, we are ready to stand up for your rights. Schedule a consultation to learn how we can help.
What is Civil Litigation?
Civil litigation encompasses a wide range of disputes, including:
- Contract Disputes: Issues arising from breaches of contract or disagreements over terms.
- Personal Injury Claims: Cases where individuals seek compensation for injuries caused by another’s negligence.
- Property Disputes: Conflicts over property ownership, boundaries, or usage.
- Family Law Matters: Divorce, child custody, and support disputes.
- Employment Disputes: Issues related to wrongful termination, discrimination, or wage disputes.
The Civil Litigation Process in Missouri
The civil litigation process in Missouri typically follows several key steps:
- Pre-filing Stage:
- Consultation with an Attorney: The first step is to consult with a knowledgeable attorney to evaluate the merits of your case and discuss potential legal strategies.
- Investigation and Preparation: Gathering evidence, interviewing witnesses, and collecting relevant documents to support your claim.
- Filing the Complaint:
- Complaint Drafting: The plaintiff (the party initiating the lawsuit) drafts a complaint outlining the facts of the case, legal claims, and desired remedies.
- Filing with the Court: The complaint is filed with the appropriate Missouri court, and the defendant (the party being sued) is served with a copy.
- Response and Discovery:
- Defendant’s Response: The defendant must file an answer to the complaint, admitting or denying the allegations and presenting any defenses.
- Discovery Process: Both parties engage in discovery, exchanging information and evidence through methods such as interrogatories, depositions, and requests for documents.
- Pre-trial Motions and Conferences:
- Motions: Either party can file pre-trial motions to resolve specific issues before trial, such as motions to dismiss the case or for summary judgment.
- Pre-trial Conferences: The court may hold pre-trial conferences to discuss the case’s progress, potential settlements, and trial preparation.
- Trial:
- Presentation of Evidence: Both parties present their evidence, call witnesses, and make arguments to support their claims.
- Judge or Jury Decision: The case may be decided by a judge or a jury, depending on the nature of the case and the preferences of the parties.
- Post-trial Motions and Appeals:
- Post-trial Motions: Either party can file motions to challenge the trial’s outcome, such as motions for a new trial or to alter the judgment.
- Appeals: If a party is dissatisfied with the trial’s outcome, they may appeal to a higher court for review.
Statutes of Limitations
Missouri law imposes time limits, known as statutes of limitations, for filing civil lawsuits. These limits vary depending on the type of case:
- Personal Injury: Generally, five years from the date of injury.
- Contract Disputes: Five years for written contracts and five years for oral contracts. The limitations period may be 10 years instead for certain claims.
- Collection of Debt on Account: Ten years for most cases.
Determining the limitations period is essential to a successful lawsuit, but can be far more complicated than the simple chart above. Many factors could shorten or lengthen the time you have to file. Even if you have time, it is better to promptly address an issues, otherwise precious evidence could be lost to the passage of time.
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At Saxton Law Firm, our civil litigation attorneys are ready to help with your case. Contact Saxton Law Firm for a FREE case review!