Financial Expert Witness Communication: A Practical Guide to Reporting and Testimony

CHAPTER 5 Civil Litigation and Dispute Resolution Processes

CIVIL LITIGATION ACTIONS AND PROCEEDINGS

In the United States of America, claims of civil torts and contract causes of action are handled through the federal and state civil court systems. Procedural rules and practices can vary significantly between state and federal courts, and even between different courts in the same state or federal system. However, an increasing number of state courts are adopting rules and procedures that closely follow the federal rules. Therefore, the focus for this book will be on federal civil actions and proceedings.

Federal civil litigation consists of a number of interrelated activities that can be grouped into a process flow. The litigation process flow starts before the litigation has formally started and ends with after-trial activities. Settlement activities, legal motion practice, and hearings occur in furtherance of the resolution of the dispute, with rulings and orders issued by the court throughout the proceedings. This process flow is reflected in Exhibit 5.1.

Exhibit 5.1 Civil Litigation Process Flow

Initial Dispute

The pre-litigation process includes the identification and initial reaction to a dispute by the parties. This process precedes formal litigation. Activities in ...