Civil Litigation

The civil litigation process begins with the initial investigation and case evaluation of a legal dispute. During the investigation phase, a party will locate and gather documents and evidence needed to support their case in a civil lawsuit, such as copies of contract and gather documents and evidence needed to support a party’s case in a civil lawsuit, such as copies of contracts, financial records, and written correspondence. Once an aggrieved party has gathered the necessary evidence to support their claim, they may draft and send a demand letter to the opposing party. A demand letter will outline the party’s evidence supporting their civil claims and request that the opposing party agree to provide specific relief, such as financial compensation. Demand letters can lead to initial settlement negotiations. 

When initial negotiations fail to produce a settlement, an aggrieved party may file a complaint in state or federal court in Oregon. The complaint sets forth the party’s legal claims and factual allegations supporting their claims. After filing the complaint, the aggrieved party, referred to as the plaintiff, must serve a copy of the complaint and the summons issued by the court on the opposing party or parties in the case, referred to as the defendants.

A defendant must file an answer to the plaintiff’s complaint admitting or denying each allegation in the complaint. Failing to file an answer will result in the court deeming the defendant to have admitted to all the allegations in the complaint. The defendant’s answer can also raise affirmative defenses they may have against the plaintiff’s claims or counterclaims they wish to assert against the plaintiff.

After the parties file their pleadings and initial motions, the civil litigation process proceeds to discovery, during which the parties exchange information and documents and depose witnesses. Discovery seeks to identify factual disputes for trial. The parties may also file various pre-trial motions to challenge the admissibility of specific evidence at trial or to seek summary judgment, which awards a party judgment as a matter of law on a claim or issue in the case based on uncontradicted evidence.

Unless the parties settle the case, it will proceed to trial. Depending on the claims asserted in the lawsuit, parties can opt for a jury trial or a bench trial. In a bench trial, the judge assumes the role of the jury and decides the case. During trial, each side can present legal arguments, evidence, and witness testimony to the jury or judge. Based on the evidence and testimony, the jury or judge will issue a verdict or ruling deciding the case in favor of either party and any monetary award owed. That verdict or ruling then forms the basis of the trial court’s judgment.

In extraordinary circumstances, parties can also file post-trial motions, such as to modify or set aside the verdict or judgment based on certain legal doctrines, for a new trial, or judgment notwithstanding the verdict (when the jury renders a verdict not supported by the evidence or the law). There also may be an opportunity to appeal the trial court’s judgment.