Defamation is the publishing of false statements that cause harm to an individual. Whether such a statement is published in a newspaper, online, or is spoken, it can cause harm. A victim can consult a civil law attorney in Chico, CA for an in-depth explanation of what the civil trial process entails. In the article below, readers can learn the basics of how a defamation lawsuit progresses in civil court.
The Initial Consultation
During the first meeting with an attorney, clients should be thorough in their documentation, bringing a copy of the statement if possible. For online statements, a printout of the web page and any comments is acceptable. Clients should provide the attorney with the names and contact information of witnesses.
Filing the Complaint
Once the initial consultation has been held and the investigation has begun, a formal complaint will be filed. Civil suits take longer than most others, and merely filing does not guarantee a fast resolution. It can take a year or longer for the case to make it to trial and, if it’s not settled out of court, settlement negotiations themselves can be prolonged.
Discovery and Service
After the filing of a lawsuit, the defendant must be served, and they are allowed time to provide a written response. The court will issue a scheduling order that details important deadlines. After the order is issued, the discovery phase begins. In discovery, both sides formally investigate the case, and they send interrogatories through their respective attorneys. Questions are answered in court under oath, and the answers help the other side learn about the plaintiff, their witnesses, and the case’s facts.
Depositions
After the discovery portion of the case is over, depositions will likely occur. During a deposition, the other party’s attorney interrogates the plaintiff under oath. The opposing lawyer gets an opportunity to determine what type of witness the plaintiff will be, how that person will be perceived by the jury, and how strong their claim is. Both parties are typically deposed, but other witnesses, such as relatives, friends, and physicians sometimes face questioning.
Settlement
After depositions are taken, settlement negotiation typically begins. Both sides’ attorneys are motivated to settle, but the discovery phase gives them the information needed to determine the case’s likely outcome. The decision whether or not to settle is the client’s alone, but it’s vital to consider the advice of a civil law attorney in Chico, CA, with .
