Civil Litigation: Part Two

Civil litigation is a very complicated area of the law. In part two, the following will be discussed in some detail: interrogatories; requests for admissions; inspection demands; physical and/or mental examinations; expert witness disclosure; discovery in limited civil cases; law and motion and provisional remedies.

An attorney can make a difference as to the success of failure of your civil law suit. Having an experienced lawyer can assist you through this most difficult process.

Interrogatories consist of asking questions in a written format. There are many issues surrounding these and there needs to be a comprehensive strategy and tactics for the implementation. There are strict rules on when interrogatories may be served, to whom the interrogatories may be sent, propounding interrogatories, protective orders, responding to interrogatories, motions to compel answers, sanctions in enforcing discovery and use of interrogatories at trial among others.

Requests for admissions consist of asking for an admission or denial of specific facts. Again, as with the interrogatories, there needs to be a comprehensive strategy as part of the discovery process for these requests for admissions. There are strict rules on when the requests for admissions may be served, on whom the requests for admissions may be served, how to propound the requests, protective orders, responses to requests for admissions, effect of delay to respond to requests for admissions and also failing to respond, motions to compel further answers, amending admissions, withdrawing admissions, evidentiary effect of admissions, sanctions in enforcing and other considerations.

Inspection demands are often a very valuable tool for your attorney to use in a civil lawsuit. Issues which arise are on whom the inspection demand may be served, what documents may be inspected, when the demand for inspection may be made, what is the exact demand procedure, protective orders, responding to inspection demands, enforcing inspection demands and other considerations.

Physical and/or mental examinations may be part of any civil law suit. The attorney will discuss the most appropriate tactics and strategies for this. In personal injury cases when a law suit is filed, there may be a demand for a physical examination and this may require a court order. There are issues of privacy and privilege and also exchange of medical records.

An expert witness may "make or break" the civil law suit. Again, the lawyer will discuss the most appropriate expert for your case. There are strict deadlines for disclosing the expert witness, protective orders, exchange of expert witness information and identity, deposing opposing expert witnesses and many other considerations. Failure to abide by the law and rules regarding expert witness designation may result in the sanction of not allowing the expert to testify at time or trial or judicial proceedings.

Law and motion is an integral part of any civil law suit. Local court rules will also need to be considered and it is important to have an attorney who is knowledgeable and experienced with the local rules of the jurisdiction in which the civil law suit is being litigated. Preparing and filing motions, opposing motions filed by the opposing party, hearings, challenges, post hearing procedures, ex parte motions, motions regarding counsel, motions relating to contractual arbitration, motions to expunge lis pendens, motions to seal court records and many others are all part of a comprehensive legal strategy.

Provisional remedies include injunctions, temporary restraining orders, receiverships, bonds, writ of possession, attachment, and others. All of these are very technical and the attorney can assist with recommendations of which strategies to suggest.

Please feel free to contact us for your free and confidential consultation with an experienced civil law suit lawyer.