Civil Litigation FAQ’s

Frequently asked questions (FAQ’s) are just that — frequently asked questions. When it comes to civil litigation, there are a number of civil litigation FAQ’s that we are repeatedly asked. Below is a sampling of some of those civil litigation FAQ’s.

Civil Litigation FAQ #1:
What is the difference between civil litigation and criminal litigation?

Civil litigation is different from criminal litigation because the burden of proof in civil litigation lies with the person seeking damages, whether they are monetary or otherwise.  Also, in criminal litigation, there has to be proof beyond a reasonable doubt that the person committed the crime. With civil litigation that is not the case.

Civil Litigation FAQ #2:
What are arbitration and mediation?

These are both alternatives to pursuing a civil case in litigation (in court) – this is also called alternative dispute resolution.  In arbitration, an arbitrator is hired as a third party that decides the outcome of a civil litigation case.  Mediation, on the other hand, is when the two parties come to an agreement with the help of a third impartial party: the mediator.

Civil Litigation FAQ #3:
What is discovery and how does it affect my civil litigation case?

Discovery is the process when the parties participating in civil litigation – often attorneys – obtain evidence from the opposing side so that they can build a case to represent you.  This includes interrogatories, which are questions that a party must respond to, as well as depositions, which are interviews of witnesses conducted by attorneys in order to gather information regarding the incident in question.

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