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Civil
Litigation |
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| Quick Jumps:
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| The
Courtroom Is No Laughing Matter.... |
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Courtroom
scenes are some of the most dramatic backdrops for movies and television
specials and have spawned such regular programs as Perry Mason,
Judd For The Defense, Matlock, LA Law,
People’s Court, Divorce Court and even Judge
Judy. While these shows are
entertaining, they rarely capture the daily practice of law as it really
takes place in the courtroom.
Unfortunately, civil
litigation is no laughing matter and must be carefully planned and executed.
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| What
Is Civil Litigation? |
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Civil litigation are cases involving disputes
between private persons (and or companies) including, but not limited to,
contract disputes, collections, real estates disputes, personal injury,
wrongful death, labor law, landlord tenant and enforcement of statutory
rights.
Civil litigation does
not involve criminal law, probate, juvenile and dependency matters. Family
matters, although technically civil litigation, are essentially treated as
a separate area of law with it's own set of procedures.
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| What
Is Involved In Civil Litigation? |
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There are 5 major stages involved in most types of
litigation, each requiring the expertise of a seasoned litigator. They include:
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- Pre-Suit
Investigation and Analysis – The initial
determination to see if there is a cause of action (or good defense, if
representing the defendant) and review of the prospects of
enforcement/collection (see below).
- Filing the
Initial Pleadings – The complaint is filed, an answer
is formulated and other
initial documents are created to establish the basic theory behind the case and
defense.
- Discovery –
Both sides of the suit perform a formal
investigation of the evidence through
requests for production and depositions.
- Trial/Settlement
– Both sides prepare for trial and
attempt to settle informally, formally (i.e. mediation) and failing a
settlement, go to trial.
- Enforcement/Collection –
The winning party then tries to collect its
judgment (if any) and costs and attorney fees (if allowed).
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Each stage involves many activities and includes
the coordination and assistance of the client and possibly other persons
(i.e. experts and other witnesses).
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| Summary
Comments: |
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The Law Offices of Harold S. Eskin,
P.A., has been handling Civil Litigation of all types since 1986 . While some types of litigation are so complex and/or specialized
and need the attention of larger or more specialized firms (i.e., medical
malpractice, class action suits, etc.), most types of cases can be
evaluated and successfully handled by Mr. Eskin.
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