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What is Civil Litigation?: Continued
After the plaintiff files a complaint and a defendant files an answer, the parties, with the help of their attorneys, then engage in a stage of civil litigation called discovery. This process involves the taking of sworn testimony called depositions, the exchange of documents which are important to the case and the answering of written questions by both sides. The parties can attempt to resolve the case through informal negotiations between their attorneys. Another alternative is a process called mediation where the parties agree on a third attorney called a mediator to meet with everyone and try to settle the case. If the parties are unable to resolve the case, then they will go to trial in front of the court. Most civil cases are tried before both a judge and a jury. It is the job of the judge to make legal decisions in the trial and to instruct the jury on their duty. It is the job of the jury to make fact decisions in the trial and to decide whether the plaintiff will win, and if so, what amount should be given to the plaintiff. In some civil cases, the parties are not entitled to a jury or agree not to have a jury. In these cases, the judge makes all legal and fact decisions. If the losing party does not like the verdict given by the judge or jury, they can appeal to a higher court.
The primary state trial courts for civil litigation in the State of Mississippi are the circuit and county courts. Mississippi has a Court of Appeals and a Supreme Court, which is the highest court in the State. Civil cases can also under certain circumstances be filed in federal court in Mississippi. The trial courts in the federal system are called district courts. A party can appeal a Mississippi district court ruling to the Fifth Circuit Court of Appeals in New Orleans. The highest federal court in the country is the United States Supreme Court.
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