America has two areas of law: the criminal and civil systems. In criminal law, defendants face charges from state, local and federal governments and they are punished through means such as prison time and fines. In the civil law system, parties go to court to resolve disputes, and one party may receive monetary damages or an injunction. These processes are covered by civil procedure laws.
Rules of Legal Representation
In criminal law, accused people have the right to legal representation. A defendant may hire a lawyer to represent them, or they can ask for a free, court-appointed attorney. In most cases, however, parties hire their own attorneys. If one is sued in a civil case, they can usually hire a Civil Litigation Lawyer Charlotte NC on a contingency bases. Here, the attorney is only paid if their client prevails and they receive a portion of the settlement. In criminal cases, attorneys cannot work on contingency.
Stages in a Civil Case
In civil cases, one party sues another, beginning with a complaint. The complaint is a legal document containing the allegations against the defendant. After filing, the court may dismiss the complaint if there’s no legal basis for the claim. A civil lawyer can tell a client whether they have a legitimate claim, and they can put together a strong document. Below are the other steps in a civil case.
• Motions: Before a trial, parties can submit motions including those for case dismissal and summary judgment. If either motion is granted, the case is over.
• Discovery: This phase is where opposing sides gather information to use as evidence. The rules are quite broad as to what may be gathered.
• Trial: During a trial, both sides prevent the evidence gathered in the discovery phase. Rules are quite different than in criminal cases because the stakes are different.
Do Civil Complainants and Defendants Need Attorneys?
Going through a civil case is complex, and there are many deadlines, procedures and rules to follow. A civil attorney can create a solid case strategy, and they can efficiently navigate the civil law system. When it comes to civil litigation in Charlotte, NC, at Conrad Trosch & Kemmy, we have the best team of civil dispute attorneys & lawyers, who will help you decide whether to file a case or negotiate a settlement.
