There are times when a private company finds itself entangled in a legal dispute with a government agency. The ensuing civil litigation can be a complex and lengthy process.
This clash between private enterprise and governmental authority involves a series of structured steps that unfold within the judicial system.
Preliminary investigations
Preliminary investigations can span various sectors during civil litigation. These include environmental compliance, taxation or regulatory adherence. If the agency identifies potential violations, it initiates the litigation process by serving a notice to the private company.
Filing the complaint
Following the preliminary investigations, the government agency, acting as the plaintiff, files a formal complaint against the private company. This document outlines the alleged violations and demands appropriate remedies. The private company, serving as the defendant, must then respond within a stipulated timeframe.
Discovery process
Once both parties have presented their initial arguments, the litigation proceeds to the discovery phase. This stage involves the exchange of information and evidence between the plaintiff and defendant. Discovery clarifies the facts and identifies potential witnesses, resulting in a robust case for both sides.
Pre-trial motions
Before the trial commences, either party can file pre-trial motions to address specific legal issues. These motions seek to resolve disputes over evidence, dismiss certain aspects of the case or clarify legal points. The judge reviews these motions and issues rulings, shaping the course of the impending trial.
Trial proceedings
The heart of civil litigation is the trial itself. Here, both parties present their cases in a courtroom setting. Each side may call witnesses, present evidence and assert their legal arguments. A judge or jury carefully evaluates the information presented to make a fair and impartial decision based on the applicable laws and regulations.
Post-trial appeals
Following a trial, either party dissatisfied with the verdict can file an appeal. The appellate court reviews the trial proceedings for legal errors, ensuring that the judgment aligns with established laws and regulations. This step adds an extra layer of scrutiny to the process and allows for corrections.
Enforcement of judgments
After the final verdict, the prevailing party seeks enforcement of the court’s decision. This can involve the collection of monetary damages or the implementation of specific remedies mandated by the court.
The United States Courts report that there were 309,102 civil case filings in the federal district courts in 2022. While this number is actually down from previous years, it illustrates that these types of cases are common and that there is an established process to help private companies navigate the legal complexities.