If you are involved in a contract dispute and negotiating a resolution did not work, what can you do? Pursuing civil litigation may be the answer. Here’s a brief guide to what the process entails and how it helps opposing parties resolve their disagreements in court.
What Is Civil Litigation?
Civil litigation is the process by which civil disagreements are resolved in a court of law. Disputes involve relationships between people, businesses, organizations, or a combination of the three. Contested matters include divorces, contract interpretation, real estate law issues, and personal injury cases.
The United States Congress and state legislators make the laws, or statutes, and set the procedures that apply in civil litigation. Which statutes apply in contract cases depends on the type of document and the court in which parties file.
When there is confusion or ambiguity about whether or how a particular statute applies to a contract, individuals or businesses take the matter to court. There, attorneys and judges interpret the language of the document and applicable laws, as well as apply previous decisions when cases are similar, to reach a conclusion.
How Does the Process Work?
One party, known as the plaintiff, files a complaint in court against the other, stating the facts, their legal position, and asking the court to rule in their favor. The opposing party, or the defendant, files an answer declaring their position. Lawyers for both sides conduct discovery, including depositions and document exchanges, to obtain more information about the facts. They may negotiate a settlement, or the court may go on to a hearing or trial and rule for one side or the other.
Pursuing civil litigation is one way to resolve contract disputes when alternative solutions do not yield success. Backed by over 120 years of combined experience, the attorneys at The Law Offices of Bromm, Lindahl, Freeman-Caddy & Lausterer in Wahoo, NE, offer skilled and dedicated service in dispute resolution. These dynamic lawyers have earned an AV® Preeminent™ rating from Martindale-Hubbell, which is the highest possible a law firm can achieve. Visit the website for more information about their expertise, follow them on Twitter for legal insight and tips, and call (402) 443-3225 to schedule an initial consultation.