Civil Litigation

Civil Litigation is a legal process in which matters which are non-criminal can be resolved. These incluses disputes between individuals, businesses or organizations. The penalties applied are usually financial compensation or a Court Order requiring the wrongful party to act, or stop acting, in a certain manner.

The Key Parties to a Civil Litigation Matter include:

1. The Plaintiff (The individual or Entity who claims that they have been wronged by the other party).
2. The Defendant (The individual or Entity is alleged to have done the wrongful act OR fails to do what was agreed or expected to be done)
3. The Attorney (The legal representative for Plaintiff OR Defendant)
4. The Court (usually in the form of a Judge).

Understanding the Phases of the Civil Litigation Process (in a general manner)

1. Engaging an Attorney
2. Gathering Evidence and Information to support your claim
3. Attempting to resolve matter through Demand Notice or Mediation/Discussions (The Court promotes early resolution of matters and as such, mediation is mandated by the Court Rules in Civil Matters).
4. Preparing the Requisite Plaint/Claim to be filed with the Courts (if matter cannot be resolved)
5. Filing the Plaint/Claim in the Court with proper jurisdiction
6. Defendant served the relevant legal documents and time afforded for Defendant to respond to Plaint
7. Discovery Process (Parties gather and exchange evidence)
8. Pre-Trial hearings
9. Trial (Where the matter is heard by a Judge and the witnesses properly adduce evidence)
10. Post Trial (The judgment can be accepted by the parties OR if not, either may may proceed to appeal the decision of the Court)

The Civil Litigation procedure in Jamaica can be costly and will require proper planning and adherence to various timelines and requirements of the laws. The process of Civil Litigation required commitment to the process and consistent communication between the Attorney and the client.