Civil Litigation

  1. Roles and Responsibilities in Civil Litigation
    1. Parties to the Case
      1. Plaintiff
        1. Initiates the lawsuit
          1. Presents evidence and arguments to support claims
            1. May be an individual, organization, or government entity
              1. Responsible for proving the case by the preponderance of the evidence
                1. May work closely with attorneys to gather necessary documents and witnesses
                2. Defendant
                  1. Responds to the plaintiff's complaint
                    1. Can contest the plaintiff's claims and present defenses
                      1. May file counterclaims against the plaintiff
                        1. May be required to produce evidence and documents during discovery
                          1. Negotiates settlements or prepares for trial
                        2. Attorneys
                          1. Plaintiff's Attorney
                            1. Represents the plaintiff in court proceedings
                              1. Develops case strategy and conducts discovery
                                1. Engages in settlement negotiations
                                  1. Prepares for trial by organizing evidence and witnesses
                                  2. Defense Attorney
                                    1. Reviews and responds to the plaintiff's complaint
                                      1. Develops defense strategy and conducts discovery
                                        1. Represents the defendant in court proceedings
                                          1. Engages in settlement negotiations
                                            1. Prepares for trial defense, organizing evidence and witnesses
                                          2. Judge
                                            1. Oversees the judicial process throughout the case
                                              1. May decide the case if it is a bench trial
                                                1. Provides instructions to the jury in a jury trial
                                                  1. Manages courtroom proceedings and maintains order
                                                    1. Has the authority to impose sanctions for non-compliance with court procedures
                                                    2. Jury (if applicable)
                                                      1. Consists of a group of citizens selected to evaluate the evidence
                                                        1. Listens to witness testimonies and examines evidence presented
                                                          1. Deliberates to reach a verdict based on the facts of the case and judge's instructions
                                                            1. Can be involved in both civil and criminal cases, although often not used in civil litigation
                                                            2. Court Clerk and Court Reporter
                                                              1. Court Clerk
                                                                1. Manages court records and documents
                                                                  1. Schedules hearings and maintains the docket
                                                                    1. Administers oaths to witnesses
                                                                      1. Issues court orders and judgments
                                                                      2. Court Reporter
                                                                        1. Records verbatim transcripts of court proceedings
                                                                          1. Transcribes depositions and hearings
                                                                            1. Provides transcripts for use during appeals or further proceedings
                                                                          2. Expert Witnesses
                                                                            1. Provides specialized knowledge and opinions relevant to the case
                                                                              1. Testifies on technical or scientific matters that require expertise
                                                                                1. Contributes to the development of case strategy by offering insight into complex issues
                                                                                  1. May prepare expert reports or visual aids for court use