People often resolve business and individual disagreements by engaging in informal discussions. However, in some instances, pursuing civil litigation is the most reliable and effective way to end a conflict. If you are unfamiliar with this area of law and need help resolving a dispute, here is what you should know.

What Is It?

Civil litigation is the process of resolving a noncriminal legal dispute by taking a case to court. The process starts when a plaintiff files a complaint, which is a legal pleading that usually seeks money from a defendant. However, the plaintiff may want the court to order the defendant to do something, such as move out of an apartment or comply with contract terms. A plaintiff can even ask the court to order a defendant to stop doing something, such as halt construction of a building that will violate an established ordinance, or cease publication of false comments that are damaging to the plaintiff's business.

Defendants in these cases can file an answer that contests the plaintiff's complaint and raises related issues and defenses. Both sides then have the opportunity to develop the facts pertinent to their claims or defenses through a process known as pretrial discovery, which can involve submitting written questions (known as interrogatories) to the other side, or requesting production of documents, or conducting an inspection. A party can also take depositions of witnesses, which is an out-of-court question and answer session that is under oath and recorded either by video and/or transcription. After this step, most cases move to settlement negotiations by the attorneys or with help from a neutral third party, known as a mediator. If these efforts fail, a trial will be conducted during which the parties present their case to a judge or jury, which will then decide the case in favor of one party or the other.

What Cases Fall Under This Category?

A variety of contested legal matters fall under civil litigation. Typical examples include disputes between neighbors about property boundaries, contract disputes, and personal injury cases arising from auto accidents or premises liability. Other conflicts and claims, such as divorce, intellectual property disputes, medical malpractice, and collection matters are also civil litigation matters that an attorney can help you resolve.

If you need the assistance of an experienced attorney, please contact Gess Mattingly & Atchison P.S.C.   Since 1954, the firm has been representing clients throughout the Commonwealth of Kentucky, and has grown to become a full-service law firm with the ability to serve a diverse clientele in a variety of practice areas, including, but not limited to: Administrative & Regulatory Law; Appellate Law; Arbitration & Mediation; Bankruptcy & Financial Restructuring; Business & Commercial Law; Civil Litigation; Commercial & Residential Real Estate; Construction Law; Criminal Defense & Expungements; Equine Law; Estate Planning, Litigation & Probate Law; Family Law; Health Care Law; Insurance Law; Media & First Amendment Law; and State & Local Government Law. Call (859) 252-9000 to request a consultation, or visit their website to learn more about the legal services they perform. This is an advertisement.