CIVIL LITIGATION
Civil Litigation Practice Areas >
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Civil Litigation in General
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Civil litigation involves two or more parties engaged in a dispute that does not involve criminal penalties. Instead, the result of civil litigation, if successful, is an award of damages (money) and/or a court order to do something or refrain from doing something (specific performance).
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The first step with these disputes is to determine where to file suit. These civil disputes can be litigated in a variety of different courts, including small claims ($6,000 or less), municipal court ($15,000), county court ($15,000 or less), common pleas (no limit), or federal court. It should be noted that federal courts are courts of limited jurisdiction, meaning that only very limited cases can be brought in federal court.
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If a case is filed in an Ohio court, the case is governed by the Ohio Rules of Civil Procedure, which sets out specific requirements and deadlines for the lawsuit (i.e., litigation) to proceed. These cases are often presided over by the magistrate, or sometimes the judge.
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The cases can sometimes last as long as two years (or even longer), and usually proceeds as follows: pleadings are filed (complaint, answer, counterclaims); discovery is conducted (written and oral questions to determine information about the case on the record); motions are filed (to resolve certain issues of the case); and then a trial is conducted. Of course, all of these stages of litigation involve strict deadlines and rules, and furthermore, the case can take a plethora of different turns throughout the litigation.
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Contact Attorney Adam V. Buente at adam@buentelaw.com or (330) 754-4028 today to discuss how he can help you navigate the oft-complicated waters of your civil litigation dispute.
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Civil Litigation Practice Areas
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Attorney Adam V. Buente concentrates much of his practice on business and commercial litigation, property litigation, and employment litigation. In addition to these areas of law, Attorney Adam V. Buente has experience handling:
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Debtor/Creditor litigation;
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Foreclosure defense;
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Breach of contract;
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Defamation/libel/slander;
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Personal injury;
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UCC litigation;
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Product liability litigation.
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Contact Attorney Adam V. Buente at adam@buentelaw.com or (330) 754-4028 to discuss your litigation matter further.
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Appellate Litigation
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As you may know, the music does not stop once a case is decided by the trial court. Instead, parties have a right to appeal the trial court's decisions to the appropriate court of appeals. These appeals are governed by the Ohio Rules of Appellate Procedure and can be based on a variety of arguments, including but not limited to:
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The court's error in admitting evidence into the record or denying evidence into the record;
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The court's error in sustaining or overruling an objection;
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Procedural defects with the case;
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Jurisdictional defects with the case;
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Mistakes of fact or law.
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While parties do get one bite at the apple in appealing to the court of appeals, the Ohio Supreme Court is a court of limited jurisdiction. This means that that our state's highest court only accepts a limited number of cases each year. This, in effect, substantially increases the importance of the first appeal, and is why you should seek legal counsel if you desire to appeal your case.
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Contact Attorney Adam V. Buente at adam@buentelaw.com or (330) 754-4028 to discuss your possible appeal further.
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