- Attorney Appointment (916) 704-3009
10 Things You Didn’t Know About Civil Litigation Law
Most people are familiar with courtroom dramas that pit lawyers against each other in high-stakes battles. But the reality of civil litigation law is more complex, often less dramatic, and much more common than you might think.
From personal injury claims to contract disputes, civil cases affect individuals, businesses, and even government entities every day. Here are ten “did you know” facts about the civil litigation process that most people overlook — but every potential plaintiff or defendant should understand.
1. Civil Litigation Is Different From Criminal Law
Did you know that civil law and criminal law serve entirely different purposes?
- Criminal cases involve the government prosecuting someone for violating the law, often with potential criminal charges like jail time or fines.
- Civil litigation involves disputes between private parties — usually one party seeking monetary damages or other remedies from another.
In other words, a civil lawsuit is about resolving a legal dispute, not punishing crime.
2. Most Civil Cases Never Go to Trial
Despite the image of dramatic trial proceedings, the vast majority of civil cases are resolved before reaching a civil court trial.
- Cases often end in settlement when both parties agree to resolve disputes outside of court.
- Others are resolved during the pretrial phase through motions, including summary judgment, which allows a judge to decide a case without trial if the facts are undisputed.
- Alternative dispute resolution, such as mediation with a neutral third party, is increasingly common.
3. Civil Litigation Covers a Wide Range of Disputes
Did you know the most common types of civil cases extend far beyond personal injury? They include:
- Contract disputes (broken agreements, failure to deliver services).
- Employment disputes (wrongful termination, discrimination).
- Real estate and land use conflicts.
- Medical malpractice claims.
- Class action lawsuits against corporations.
- Personal injury matters such as car accidents, product liability, and premises liability.
The unifying theme is that one party claims harm, and another party may be responsible under applicable law.
4. The Civil Litigation Process Has Multiple Phases
The civil litigation process follows structured steps under civil procedure rules.
- Plaintiff filing – The plaintiff files a complaint to begin the lawsuit.
- Service of documents – The defendant must be formally served.
- Answer – The defendant files a response, admitting or denying allegations.
- Discovery phase – Parties exchange evidence, conduct depositions, and file requests for documents.
- Motions – Parties may file motions to dismiss, compel evidence, or seek summary judgment.
- Trial proceedings – If unresolved, the case goes to trial before a judge or jury.
- Appeals – The losing party may take the case to a higher court for review.
Did you know? The discovery phase is often the longest and most expensive stage of litigation.
5. Evidence Rules Are Strictly Enforced
Civil cases rely on evidence — but not all evidence is admissible.
- Evidence must be relevant, reliable, and gathered legally.
- Witnesses give testimony under oath, and court reporters create records of depositions.
- Judges often rule on motions to exclude evidence that doesn’t meet legal standards.
Many cases turn on evidentiary rulings rather than the underlying dispute.
6. Civil Litigation Lawyers Play Multiple Roles
Did you know a civil litigation lawyer is more than just a trial advocate? They:
- Advise clients during the legal process.
- Handle filing motions, preparing cases, and negotiating settlements.
- Represent clients in court proceedings before judges and juries.
- Protect clients’ interests during discovery and trial.
While TV shows focus on trial lawyers, most real-life litigators spend more time in preparation and negotiation than in courtroom drama.
7. Civil Cases Can Be Resolved Without Courtroom Battles
Contrary to popular belief, many civil cases are resolved through alternative dispute resolution (ADR):
- Mediation – A mediator helps the parties reach a voluntary settlement.
- Arbitration – An arbitrator hears evidence and makes a binding decision.
ADR can save money, speed up resolution, and allow parties to maintain relationships that might otherwise be destroyed by litigation.
8. Appeals Aren’t Just a Do-Over
Did you know that an appeal is not a second trial?
- Appeals are limited to reviewing whether the trial court correctly applied the law.
- New evidence usually isn’t allowed.
- The higher court may affirm, reverse, or remand the case for further proceedings.
This is why strong trial preparation and attention to rules are essential — mistakes at trial can be hard to fix later.
9. Civil Litigation Can Be Incredibly Costly
From attorney’s fees to expert witnesses, the civil litigation process can be expensive.
- Parties must often pay for depositions, filing fees, and document production.
- Medical malpractice and personal injury cases may require costly expert testimony.
- Complex employment disputes or class action lawsuits can last years and cost millions.
Did you know? These costs are one reason why many civil cases settle before trial.
10. Civil Litigation Protects Justice in Everyday Life
Finally, did you know that civil litigation law protects everyday rights?
- It allows personal injury victims to seek compensation for harm.
- It provides remedies for employment disputes and contract claims.
- It enforces fairness in real estate transactions.
Though often slower and less glamorous than criminal law, civil litigation ensures that disputes are resolved and justice is available outside of the criminal system.
Conclusion
The civil litigation process may seem intimidating, but understanding it empowers you as a potential plaintiff, defendant, or witness. From the discovery phase to trial proceedings and appeals, each stage is designed to ensure fairness under the rules of civil procedure.
Whether your case involves personal injury claims, contract disputes, employment disputes, or class action lawsuits, consulting a skilled attorney at JLA is the best way to navigate complex court proceedings and protect your rights.
Civil litigation is not just about lawsuits — it’s about resolving disputes, protecting interests, and delivering justice when two parties can’t find common ground.