“Civil litigation” is a phrase used in the legal profession but not in everyday speech. Civil litigation is non-criminal, and the nature of these cases varies from client to client. These cases can be resolved with the help of our civil litigators.
Civil litigation occurs when different parties get into a legal dispute about money or action, not criminal allegations. These cases may go to trial, allowing a judge to determine the result, but they may not entail a crime.
This field of business is best described as “not criminal litigation.” In other terms, civil litigation is a non-criminal disagreement between two parties.
What is a Civil Litigation?
When it comes to civil lawsuits, they are distinct from criminal ones because they are based on non-criminal facts. In this case, the plaintiff files a lawsuit against a defendant; they typically do so based on contractual or accidental incidents. They usually want to claim money or to allow/disallow specific actions.
Some of the examples of civil litigation or lawsuit are:
- Property dispute
- Medical malpractice
- Education law dispute
Individuals, groups of individuals, businesses, and other organizations are frequently parties in civil disputes. Small claims, such as a fender bender, can lead to multidistrict litigation involving thousands of people. Civil law litigation proceeds as follows:
Consult With Representatives
The court case is a costly and time-consuming procedure for a layman. Before filing a lawsuit, the claimants must send the other party a demand letter. It is a letter to threaten the other party with legal action if they do not cooperate. Demand letters are submitted via a civil litigation lawyer in Singapore.
If the opposing party does not agree to the claimant’s demands, their lawyer will advise filing a lawsuit. Confidentiality is assured throughout these sessions, allowing claimants to openly discuss all aspects of their case with their civil litigation lawyer in Singapore. It is up to your civil lawyer to help you decide whether you should file your case in federal or state court.
File a Complaint/ Pleading to Civil Court:
The plaintiff takes legal action after hiring a civil lawyer in Singapore to represent them in court. It also offers legal grounds for holding the defendant accountable for the alleged activities.
A professional litigation lawyer in Singapore will advise you on the best course of action based on the case facts and the damages you seek.
Generally, the Rules of Court, as enacted by the Supreme Court of Judicature Act, regulate civil litigation in Singapore’s High Court (Cap 322). In civil litigation, a plaintiff (claimant) must prove its case based on reasonable doubt.
Facts & Evidence:
Gathering evidence to support your claim will begin after the pleading process is concluded. Before the trial, all sides want to gather as much information as possible. Both parties will gather evidence and submit it to their civil litigation lawyer in Singapore.
Before going to Court, some disputes can be settled through mediation or discussions. Both parties must agree to arbitrate their differences before proceeding to Court under particular employment or insurance arrangements.
A Fair Trial:
Pre-trial briefs summarize arguments and evidence to be utilized at trial for both parties. The briefs are submitted just before by the litigation lawyer.
Usually, a single judge may decide the case individually.
During the trial, each party makes an opening statement in which they lay out their case in detail. Finally, both parties get permission to present their piece of evidence. Witnesses, papers, and artefacts may be used by each side to support its claims. A cross-examination is conducted after each witness has been called and questioned.
First, the plaintiff’s civil lawyer Singapore and subsequently, the defendant offered evidence. In some cases, the plaintiff can introduce additional evidence, known as rebuttal evidence, after the defence has presented its case. Depending on the situation, the Court may ask for oral or written closing arguments after the plaintiff and defence have presented their evidence, summoned their witnesses, and cross-examined one another’s.
As soon as all of the last submissions have been made, the judge will either announce their verdict or postpone it for another time.
The court may rule promptly after hearing closing arguments. The court may potentially re-examine the facts and views. The court will have a hearing with the parties involved in this case.
In certain circumstances, such as personal injury lawsuits, a court may rule on responsibility but not on the specific amount of compensation (or “damages”) due to the prevailing party. If so, a Registrar will decide how much damages to award during a hearing.
On the other hand, the Court can also hear testimony from a wounded plaintiff and medical specialists and expert witnesses.
Execution of Court Orders:
There are several ways to execute a judgment. The winning party can enforce the court’s verdict. Other enforcement tactics include bankruptcy and winding-up petitions, writs of possession, delivery, distress, committal, garnishee applications.
To challenge a trial verdict, a party can file an appeal and submit their case in front of an appellate court. The appellate court can review the issue. They will next decide whether or not to uphold or correct the verdict. Appeal courts have the power to overrule a jury’s decision or even mandate a new trial in the event of a mistake.
A civil lawsuit has no defined timeline since each case is unique. To begin filing a lawsuit, the first step requires considerable effort.
If you are planning on pursuing legal action, we strongly recommend that you talk with and employ an experienced litigation attorney beforehand. In addition to advising clients on the potential risks of litigation, an experienced litigator may also craft creative legal solutions to help achieve their clients’ objectives.
The lengthy and complex litigation process may result in high litigation expenses. A lawsuit should be brought if justified.