Civil trial law is the practice of law that handles all civil litigation, whether the case occurs at the state or federal level, at an administrative agency, or an ADR. Specifically, civil trials do not involve criminal charges.

A lawyer who specializes in the area of civil litigation is called a trial lawyer or a litigator. Civil litigation happens across the spectrum of law, from divorce proceedings to personal injury cases to business disagreements between partners. In Florida, these proceedings are governed by the Florida Civil Procedure rules, and the procedure is outlined in FS 51.011.

What are the States of the Civil Litigation Process?

The process of a civil trial can be broken down into three distinct stages: the pre-trial process, the trial, and the post-trial process.

Civil Litigation Pre-trial Process

The first stage of the pre-trial process occurs when a client meets with a lawyer and discusses their specific situation. A Florida civil litigator will be able to advise whether or not there is a case, whether or not a lawsuit is the best option, and if an alternative dispute resolution is advisable.

Pleadings

The plaintiff, usually through an attorney, files a complaint with the court. This document explains what happened and the damages sought. The defendant must file a reply within a set timeframe (five days in Florida). The defendant may also file a counterclaim.

Discovery

Discovery is often the longest stage. Attorneys collect evidence through written questions, document requests, admissions, and depositions. Witnesses may include subject experts or those directly connected to the case. Lawyers can also file motions during this phase, including motions for summary judgment. Not every case reaches trial—many resolve during or after discovery.  

Civil Litigation Trial Process

A Florida judge oversees the trial stage. This step has three possible outcomes:

Judgment: A jury (or judge in a bench trial) issues the final verdict. The decision is based on the evidence and relevant laws.

Settlement: If both parties agree before trial, they avoid the cost and uncertainty of litigation. Judges may even require parties to attempt settlement.

Trial: Each side presents evidence. The plaintiff must prove their case by a “preponderance of the evidence,” meaning it is more likely than not that the defendant caused the harm.

Post-Trial State of the Civil Litigation Process

The final stage of civil litigation is the post-trial phase, when appeals can be filed. In Florida, you have thirty days from the rendition of the judgment to file an appeal.

If an appellate court agrees to hear the appeal, they can dismiss it, reverse the judgment, uphold the judgment, or remand it to the lower court. In the post-trial phase, the court may also be asked to enforce an order or decision.

We Cannot Express the Importance of Hiring an Experienced and Competent Trial Lawyer to Represent Your Interests

As civil litigations go, the process is not simple or easy to navigate. There are many procedurals components to be aware of, and it’s critical to the success of your case that you find an experienced civil litigator who can assist you in negotiating the legal process.

Boyer Law Firm’s team has significant experience in civil litigation and is here to answer any questions you may have about the process or your potential case. Contact us today with your concerns.