Civil Litigation

The term “civil litigation” refers to any lawsuit that is brought before a court in order to enforce a right, recover money (referred to as “damages”) for injuries suffered, obtain an injunction (to stop someone from doing some act that causes injury to another), or obtain a declaratory judgment to prevent future legal disputes.  Civil litigation is any lawsuit that is does not involve a criminal charge.  Therefore, there are multitudes of civil actions brought to court on a daily basis and they all fall within definition of “civil litigation.”

Examples of civil litigation

• Consumer protection litigation [more info] • Residential and commercial construction litigation • Debt collection litigation • Personal injury litigation • Defamation litigation (libel and slander)

• Contract dispute litigation • Business (commercial) litigation • Real Estate litigation • Estate (Probate) litigation

Generally, the purpose of civil litigation is dispute resolution of private law issues regarding business entities, individuals or non-profit organizations.

Procedure in civil litigation cases

The procedures that the courts require the parties involved in a lawsuit (known as “litigants”) to follow vary greatly from court to court.  The State of Georgia has numerous courts within its boundaries, and while many of the rules of civil procedure overlap from court to courtmn each court has its own rules that are unique to it.

Georgia Courts Supreme Court of Georgia Court of Appeals of Georgia Superior Court State Court Juvenile Court Probate Court Magistrate Court Municipal Court

Federal Courts Seated in Georgia The United States District Court for the Northern District of Georgia (Courthouses located in Atlanta, Gainesville, Rome and Newnan) The United States District Court for the Middle District of Georgia (Courthouses located in Athens, Macon, Columbus, Albany, and Valdosta) The United States District Court for the Southern District of Georgia (Courthouses located in Savannah, Augusta and Brunswick)

It is important that each litigant involved in a civil lawsuit fully understand the underlying procedures and time requirements as this might have serious consequences on limiting the trial or even possible termination of the lawsuit.

The majority of civil lawsuits are settled either outside of the court or never proceed to an actual trial.  However, complications can arise when other states' laws are involved and when the litigants are from different states.  Additionally, the more parties that are involved, the more complex the litigation can become.  There is the chance of bringing in cross-claims and counterclaims into play and sometimes, courts need to separate out claims and parties into separate suits in order to promote efficiency and avoid overlapping factual issues.

Civil lawsuits are routine in the U.S, in both state courts and federal courts.  If you filing a lawsuit (the party filing the lawsuit is known as the “Plaintiff”), or if you are being brought into court in a civil case (the party that has been sued is the “Defendant”), it is crucial to educate yourself about the court proceedings and the applicable law, as every case is very time-sensitive and deadlines are strictly enforced.

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