STAGES OF A SUIT:
1) Pleadings: When a person wants to claim any reliefs through court, he files a
suit by lodging a Plaint in court, which contains brief facts of the case and
the reliefs claimed. The person filing a suit is called the Plaintiff. The
person from whom reliefs are claimed is called the Defendant. A copy of the
plaint is served upon the Defendant, who thereafter files a written statement
containing facts that constitute his defense to the Plaintiff's claim. The
Plaint and the written statement are called pleadings.
2) Issues: After pleadings are filed, the court frames issues, which are disputed
points that the judge has to decide. Issues can be of facts and of law.
3) Hearing of suit: After issues are framed, the suit is fixed for hearing. The
Plaintiff normally leads his evidence first, followed by evidence of other
witnesses of the Plaintiff. Thereafter Defendant leads his evidence followed
by evidence of other witnesses of the Defendant.
4) Evidence of each witness is led by filing an affidavit of examination-in-chief
with which all documents have to be filed. The court accepts those
documents that are proved as per law and marks them as exhibits.
Documents that are not proved as per law are marked as articles for
identification. The documents that are not marked as Exhibits can be proved
by leading further evidence of other witnesses. All available oral and
documentary evidence has to be filed in the trial court itself. No further
evidence either oral or documentary is allowed to be filed in appeal, unless
such evidence pertains to a subsequent event or if a special case is made out.
Every witness who files his affidavit of examination-in-chief is crossexamined by the other side.
5) Arguments: After oral and documentary evidence of both sides is completed,
arguments are usually advanced by the advocate for the Defendant followed
by arguments of the Plaintiff's advocate and finally the advocate for
Defendant argues on law points in rejoinder.
6) Judgment: After arguments are concluded, the suit is fixed for judgment,
when the judge finally pronounces the judgment. The suit is decreed if the
judge comes to the conclusion that the Plaintiff has established his claim
against the Defendant. If the judge comes to the conclusion that the Plaintiff
has failed to prove his case, or if the Defendant proves his defense to be true,
the suit is dismissed. The judgment is sometimes dictated in open court on
the date fixed or may be dictated in the chamber of the judge. However on
the date fixed for judgment, the final order/ decree is pronounced orally in
open court. The party who wants a copy of the judgment must apply for a
certified copy of judgment and decree in writing in a prescribed form on
payment of prescribed fees. Charges for certified copy depends upon the
number of pages of the judgment and higher fees are payable if copy is
urgently required. Any party who wants to file an appeal must immediately
apply for a certified copy. No appeal can be filed without a certified copy of
the judgment.
7) Execution of decree: If the suit is decreed, the Plaintiff has to take steps for
executing the decree.
8) Appeal: Any party aggrieved by the judgment of the trial court can file an
appeal within 30 days of the date of judgment. However the time taken by
the court for preparing the certified copy i.e. the period from the date of
filing of application for certified copy till the date on which the certified
copy is ready is not considered while calculating the period of 30 days. In
other words, the time taken by court for preparing certified copy of judgment
after the date of filing of application for certified copy is the additional time 3
available, over and above the period of 30 days permitted for filing appeal.
If no appeal is filed within the time prescribed, the order of the trial court
becomes final and appeal becomes time-barred. However in special
circumstances when the Appellant makes out sufficient cause for
condonation of delay, the court can in its discretion condone the delay in
filing the appeal after the period of limitation expires. In case the suit is
decreed, an order for stay of execution of decree is to be obtained, failing
which the Plaintiff may execute the decree.
9) Further challenge by aggrieved party: Any person aggrieved by the judgment
of the Appellate Bench of hon'ble Small Causes Court, can challenge the
order before the hon'ble High Court by filing a Writ Petition or a Civil
Revision Application. The order of the hon'ble High Court can be further
challenged by filing a Special Leave Petition before the hon'ble Supreme
Court.
10) Settlement: In many cases, parties arrive at an amicable settlement.
Settlement is arrived at under several circumstances. However good the case
may seem to be, there is always an element of risk of loosing the litigation.
Settlement cuts the risk of loosing the case. Another reason to settle the
dispute is to avoid lengthy procedures involved in any litigation. Many
clients feel that it is better to get some benefit today rather than taking a
chance of winning the litigation after several years of litigation. Settlement
also saves time, money and energy that is inevitable in judicial proceedings.
civil litigation consist following stages Filing the plaint Reply from oposite party Issues of dispute Evidence production Arguments writen or oral, from the facts and law decesion
A civil litigation attorney represents clients in non-criminal legal disputes, such as contract disputes, personal injury claims, or employment discrimination cases. They handle all aspects of the litigation process, including gathering evidence, filing motions and pleadings, negotiating settlements, and representing clients in court. Their goal is to advocate for their client's interests and work towards a resolution in their favor.
The three major stages of litigation are: pre-trial, trial, and post-trial. Pre-trial involves pleadings, discovery, and motions. The trial stage is when the case is presented in court before a judge or jury. Post-trial includes any appeals, enforcement of judgements, and possible settlement negotiations.
Michael Waring has written: 'Civil litigation' -- subject(s): Civil procedure 'Commercial litigation' -- subject(s): Commercial courts, Commercial law
Jay Tidmarsh has written: 'Complex litigation' -- subject(s): Complex litigation, Civil procedure
Each state has its own laws governing the timetable for civil litigation. Some states say that a civil wrong should be brought to court within a year and some states give up to three years.
The main skills of a civil litigation lawyer are; excellent communication, good writing skills, network experience, mediation, knowledge, marketing experience and good interpersonal skills.
The Four Stages of Cruelty was created in 1751.
Civil litigation lawyers handle legal disputes between individuals or organizations that involve financial or non-criminal matters. They represent clients in court and work to resolve disputes through negotiation, mediation, or arbitration. Some common areas of civil litigation include contract disputes, personal injury claims, and employment disputes.
about four to five stages
Lawyer represent individuals or entities in civil and criminal matter including litigation. A solicitor can defend and prosecute litigation in the UK courts.
The Federal Rules of Civil Procedure.
The four stages of complete metamorphosis is the egg,larva,pupa,and then the adult