If you’re involved in a civil lawsuit, understanding the stages can help you prepare and manage expectations. Civil lawsuits follow a structured process and rules which are laid out in Title 28 of the North Dakota Century Code, the North Dakota Rules of Civil Procedure, and other authorities. Each stage has specific steps that guide the dispute toward a resolution, whether through settlement or trial.
Filing the complaint and serving the defendant
The first stage begins with the plaintiff (the person initiating the lawsuit) with the court. The complaint outlines the legal claims and the relief sought from the defendant(s). In North Dakota, the plaintiff must follow the North Dakota Rules of Civil Procedure when filing the complaint. Once filed, the plaintiff must arrange to have the defendant served with the complaint and summons, formally notifying them of the lawsuit. Plaintiffs may need to hire a professional process server or seek the assistance of the county sheriff to effect proper service on all parties.
After the defendant(s) have been served, they are required to submit an answer within a certain amount of time, which may vary depending on the location of the defendant. After the complaint and answer are on file with the court, a scheduling conference is usually held at the court’s or the parties’ request.
Discovery phase
After the initial filing and scheduling conference, the discovery phase begins (which may be tied to specific dates in the court’s scheduling order). The discovery process requires each party, upon request of another party, to exchange information relevant to the case. This may include documents, written questions (interrogatories), or depositions (formal questioning under oath). In North Dakota, Rule 26 of the North Dakota Rules of Civil Procedure governs the general discovery process. This stage can take several months and involve large numbers of documents (thus increasing legal costs), depending on the complexity of the case.
Pre-trial motions and settlement negotiations
Before a trial begins, both parties may file pre-trial motions to resolve specific issues or seek dismissals. For instance, a party can file a motion for summary judgment, asking the court to rule in favor of one party based on the evidence and without having a trial. Additionally, settlement negotiations often take place during this stage to resolve the case without a trial. In North Dakota, arbitration or mediation is encouraged in many civil cases to settle disputes amicably and cost-effectively.
Trial and verdict
If the case doesn’t settle, it moves to trial in accordance with the scheduling order issued by the Court. Both sides present evidence and arguments before a judge or jury. The trial may last several days, depending on the case’s complexity. In North Dakota, civil trials usually involve a jury unless both parties agree to a bench trial (decided by a judge). Once both sides have presented their cases, the judge or jury deliberates and delivers a verdict.
Post-trial motions and appeals
After the trial, either party may file post-trial motions to challenge the verdict, such as a motion for a new trial. If no resolution occurs, either side can appeal the decision to the North Dakota Supreme Court, which is the only state court with appellate jurisdiction in North Dakota
Note that post-trial motions and appeals carry specific deadlines and requirements which are important to know. An attorney can help you understand this process and assist in navigating you through it. Many parties seek new or different legal representation during the post-trial stage in order to handle their appeal. The litigation team at Ohnstad Twichell can help with post-trial procedures and appeals, even if we did not assist with your initial case, and we have several attorneys who have successfully argued before the North Dakota Supreme Court.
Conclusion
Understanding these stages, whether with an attorney or without, can help you work through a civil lawsuit in North Dakota and give you insight into what to expect throughout the process, including court procedures and typical costs of litigation.
This article is for educational purposes only and is not intended to be used as legal advice.