This article is dedicated to explaining the litigation process to you, so that you can understand that the judicial process is not as mysterious and complicated as you may have imagined.
1. Consultation with a lawyer
Consulting with an attorney for legal advice plays a vital role in evaluating the merits of a case, the type of litigation to pursue, and filing in the correct jurisdiction.
An attorney can guide us through the intricacies of the legal system and help us prepare the necessary documents.
The role of lawyers becomes even more important given the technicalities involved in the litigation process and the revision of rules.
2. Filing an Indictment or Petition
An indictment or petition is the basic document in all civil cases.
and sets forth the factual and legal basis for the claim.
It must include the names and addresses of all parties, a concise statement of the ultimate facts constituting the plaintiff's cause of action, the specific law supporting the plaintiff's cause of action, and a detailed claim for damages.
This ensures that the allegations made are clear and precise, thus setting the stage for a legal battle.
3. Provide Evidence and Supporting Documents
The complaint must be accompanied by all relevant supporting documents.
These documents are the evidentiary basis for the claims made in the complaint.
These documents may include contracts, receipts, photographs, witness statements, medical reports, or any other relevant evidence that supports the plaintiff's case.
Consolidating these documents in aggregate from the beginning will help establish the evidence necessary for the court to proceed with the case.
4. Filing the Lawsuit and Paying for the Lawsuit
After preparing the complaint and gathering the necessary documents, the next step is to file a lawsuit in the appropriate court.
The choice of court depends on the nature of the case and the rules of jurisdiction.
Once the case is filed, the plaintiff is required to pay a filing fee, which varies depending on the type of case and the amount of money involved.
The payment of these fees is an important part of the litigation process, as it formally initiates legal proceedings.
5. Service of Summons
After the case is filed, the court will issue a summons to the defendant.
The Summons is a legal document that notifies the defendant of the filing of the lawsuit and compels a response.
It outlines the nature of the action and sets a time limit within which the defendant must respond. The 2019 amendments to the Rules of Civil Procedure amended the rules relating to the service of summonses, in particular those relating to extra-territorial service and substituted service.
This step is crucial as it ensures that the defendant is properly informed of the legal proceedings and has the opportunity to respond.
6. Defendant's response
Upon receipt of a summons, the defendant must file an answer within the prescribed period.
The answer should address each allegation in the complaint and state whether the defendant admits or denies each allegation.
At the same time, the defendant may also raise affirmative defenses and counterclaims.
This stage is crucial as it lays the foundation for the legal arguments presented during the trial.
7. Pre-trial and Hearing
Once the pleadings are complete, the court will conduct a pre-trial and subsequent hearing of the case.
The pretrial conference is a critical stage where the parties and their attorneys meet to discuss the case, consider potential settlements, and prepare for trial.
The 2019 Revision emphasizes the importance of the pretrial conference in facilitating dispute resolution and streamlining the trial process.
At the hearing, both parties have the opportunity to present their cases, argue motions, and present their legal and factual arguments.
8. Trial and presentation of evidence
The trial is the central stage of the proceedings, at which both parties present their evidence.
Under the 2019 amendments, the presentation of evidence has been simplified. The use of judicial affidavits as direct testimony of witnesses is a standard part of the trial process.
This change is intended to speed up the presentation of evidence and improve the efficiency of the trial.
During the trial, each side presents its witnesses, cross-examines the other side's witnesses, and submits other relevant evidence to support its claims.
9. Judgment and post-trial proceedings
After the trial, the judge issues a judgment based on the evidence and arguments presented.
The judgment either agrees with the damages sought by the plaintiff or denies the damages sought by the plaintiff.
If the judgment is unfavorable, the parties have the option of appealing if they believe there was an error in the application of the law or the facts.
10. Enforcement of Judgments
If a judgment requires a party to perform a specific act (e.g., payment of damages) and it does not do so voluntarily, the prevailing party may seek to enforce the judgment.
This is done by filing an application for enforcement with the court, and if the application is granted, the judgment will be enforced according to the law.
11. Appeals and higher courts
A party who is not satisfied with the judgment of the court of first instance may appeal to a higher court.
The appeal process consists of reviewing the judgment of the court of first instance to determine whether there was an error in the application of the law or the understanding of the facts.
The appeal must be filed within a specific period after the judgment, and different rules may apply depending on the Court of Appeal, the Supreme Court, or other appellate courts.