Understanding the Civil Litigation Process in North Carolina
Whether face-to-face, online, or TV, phrases such as, “I'm going to sue!” or “I'll see you in court!” are used by parties desiring to right some wrong that has occurred to them. Whether out of frustration, anger, or a genuine intent to seek justice, what they are often alluding to is seeking out justice through civil litigation. What does that actually mean, and what does the process involve?
Civil litigation generally refers to a legal proceeding undertaken to resolve a dispute and seeking redress or payment of damages. Navigating civil disputes can feel intimidating and complicated, especially if you're unfamiliar with the legal system. Civil litigation in North Carolina involves resolving non-criminal disputes through the court system, such as contract disagreements, personal injury cases, property disputes, employment issues, business disputes, landlord-tenant conflicts, debt collection matters, medical malpractice claims, defamation cases, and consumer protection violations. It's important to note that certain specialized claims, such as workers' compensation, have their own unique processes and are handled separately from general civil litigation.
A key question in civil litigation is determining the amount of damages involved or identifying the specific subject matter of the dispute, as this influences the appropriate court to handle the case.
Main types of trial venues in North Carolina:
Small Claims Court - typically handles disputes involving amounts up to $10,000 as well as eviction matters. Cases here are resolved quickly, often without attorneys Decisions can be appealed to District Court.
District Court - typically handles civil matters involving claims from $10,000 to $25,000 as well as family law matters.
Superior Court addresses cases involving claims over $25,000.
Steps in the Civil Litigation Process:
Filing the Complaint – Litigation begins when the plaintiff files a complaint with the court, detailing claims against the defendant.
Serving the Defendant – The defendant must be notified officially through the delivery of the complaint and summons.
Response to the Complaint – The defendant typically responds with an answer or a motion.
Court-Ordered Arbitration (District Court cases only) – In civil cases filed in District Court involving monetary claims of less than $25,000 or less, the court may require arbitration under N.C. Gen. Stat. § 7A-37.1. This process provides an opportunity for early resolution of the case. A neutral arbitrator conducts an informal hearing and issues a decision. Either party can reject the decision and request a trial de novo, but many cases settle at or shortly after arbitration, saving time and litigation costs.
Pre-trial Discovery – Both sides exchange information and evidence through discovery.
Pre-trial Motions – Parties may file motions, like summary judgment, to resolve or narrow issues before trial.
Settlement Discussions and Mediation – Often, disputes are resolved through mediation or negotiations before trial.
Trial – If no settlement is reached, the case proceeds to trial, and a judge or jury decides the outcome.
Post-trial Motions and Appeals – Parties may appeal if they disagree with the judgment.
Hiring a civil litigation attorney provides expert guidance through complicated procedures, strategic negotiation and settlement expertise, representation in court proceedings, risk management, and comprehensive case assessment. Additionally, attorneys can significantly reduce personal stress by ensuring accuracy and compliance with all legal requirements throughout the litigation process.
If you’re involved in civil litigation in North Carolina or have questions about your situation, consider consulting an experienced civil litigation attorney to ensure your rights are protected. At Triangle Legal, our attorneys understand the complexities of civil litigation and are dedicated to providing personalized guidance, strong representation, and strategic solutions tailored to your unique situation. Our goal is to protect your interests, minimize your stress, and achieve the best possible outcome for your case. Contact Triangle Legal today—we’re here to help every step of the way!
Disclaimer: This article was prepared by Triangle Legal for educational purposes only and is not intended to be a comprehensive statement of the law or legal advice. North Carolina laws change frequently and could affect the information in this article.