The Basics Of Civil Litigation In Sri Lanka

By Author: Anna Paquin
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Civil litigation refers to the process of resolving private disputes through the court system together with civil lawyers in Sri Lanka. It encompasses a wide range of legal disputes between individuals, businesses, or organisations. Here are the key aspects of civil litigation in Sri Lanka:
1. Nature of Civil Litigation: Civil litigation involves disputes over rights, obligations, and liabilities that are not criminal in nature. Common areas include contracts, property, family matters, and torts (e.g., negligence, defamation).

2. Court System: The civil court system includes the District Courts, High Courts, and the Court of Appeal. The Supreme Court is the highest judicial authority and can hear appeals on civil matters.

3. Procedure:
• The process typically starts with the filing of a plaint (complaint) by the plaintiff, who initiates the lawsuit. The defendant is then served with a summons and has the opportunity to file an answer.
• Pre-trial procedures initiated by litigation lawyers in Sri Lanka may include discovery, where parties exchange information relevant to the case, and preliminary ...
... objections to challenge the legal sufficiency of the plaint.
• A trial is conducted before a judge (and sometimes a jury, though rare in civil cases) where both parties present their evidence and arguments.
• After hearing both sides, the judge delivers a judgement, which may include orders for damages, specific performance, or other remedies.

4. Appeals:
• Parties dissatisfied with a judgement can appeal to a higher court. Appeals must be based on grounds such as errors in law or procedure, or a misinterpretation of the evidence. It should be remembered that when filing a civil lawsuit, it is in your best interest to work with the best lawyers in Sri Lanka, if you want a positive result.

5. Alternative Dispute Resolution (ADR):
• Sri Lanka also encourages alternative dispute resolution methods like mediation and arbitration to resolve civil disputes without going to trial.

6. Legal Representation:
• Parties in civil litigation typically engage attorneys to represent them. Legal representation is crucial for navigating the complexities of the legal system and effectively presenting the case.
• Relevant Legislation:
• The Civil Procedure Code governs the procedural aspects of civil litigation. Other relevant laws include the Prescription Ordinance, which deals with the time limits for bringing claims, and various substantive laws depending on the nature of the dispute (e.g., the Contract Ordinance, the Land Development Ordinance).

7. Costs and Fees:
• Litigation can be costly, with expenses including court fees, attorney fees, and costs associated with gathering evidence. The losing party may be ordered to pay the costs of the winning party.

Understanding these components is essential for anyone involved in civil litigation in Sri Lanka, whether as a party to a dispute, a legal professional, or an interested observer.

What does civil litigation involve?
Civil litigation involves a legal process where parties seek to resolve disputes or enforce rights through the court system by lawyers from corporate law firms in Sri Lanka. Here is a comprehensive overview of what civil litigation typically involves:
1. Pre-Litigation Stage:
• Dispute Arises: The process usually begins when a dispute arises between parties over matters such as contracts, property, family issues, or personal injuries.
• Attempted Resolution: Parties may attempt to resolve the issue through negotiation, mediation, or arbitration before resorting to litigation.

2. Filing a Lawsuit:
• Complaint/Plaint: The plaintiff (the party initiating the lawsuit) files a complaint or plaint with the appropriate court, outlining the facts of the case, legal grounds, and the relief sought.
• Summons: The court issues a summons to notify the defendant (the party being sued) of the lawsuit and to provide a copy of the complaint.

3. Response:
• Answer: The defendant responds to the complaint by filing an answer, admitting or denying the allegations and possibly raising defences or counterclaims.
• Motion to Dismiss: The defendant may file a motion to dismiss the case on legal grounds, arguing that the complaint fails to state a claim upon which relief can be granted.

4. Discovery:
• Exchange of Information: Both parties engage in discovery, a process where they exchange information and gather evidence relevant to the case. This can include interrogatories (written questions), depositions (oral questioning under oath), requests for documents, and requests for admissions.
• Subpoenas: Parties may issue subpoenas to obtain testimony or documents from third parties.

5. Pre-Trial Motions:
• Motions for Summary Judgement: Either party can file a motion for summary judgement, asking the court to decide the case based on the undisputed facts without going to trial.
• Other Motions: Parties may file various other pre-trial motions, such as motions to compel discovery, motions to exclude evidence, or motions in limine to limit the issues at trial.

6. Settlement Discussions:
• Negotiation and Mediation: Parties may engage in settlement negotiations or mediation to resolve the dispute without a trial. Settlement can occur at any stage of the litigation process.

7. Trial:
• Jury Selection (if applicable): In cases where a jury trial is requested, the process begins with jury selection.
• Opening Statements: Both parties present their opening statements, outlining their case to the judge or jury.
• Presentation of Evidence: The plaintiff presents evidence first, followed by the defendant. This includes witness testimony, documents, and other exhibits.
• Cross-Examination: Each side has the opportunity to cross-examine the other side’s witnesses.
• Closing Arguments: Both parties make their closing arguments, summarising the evidence and making their final appeals to the judge or jury.
• Verdict: The judge or jury deliberates and renders a verdict, deciding in favour of the plaintiff or the defendant.

8. Post-Trial Motions:
• Motion for New Trial: The losing party may file a motion for a new trial, citing errors in the trial process or newly discovered evidence.
• Motion for Judgement Notwithstanding the Verdict (JNOV): The losing party may ask the court to overturn the jury’s verdict on legal grounds.

9. Judgement and Enforcement:
• Judgement: The court issues a judgement based on the verdict, which may include monetary damages, injunctions, or other forms of relief.
• Enforcement: The winning party may need to take additional legal steps to enforce the judgement if the losing party does not comply voluntarily.

10. Appeal:
• Notice of Appeal: The losing party may file a notice of appeal, challenging the trial court’s decision in a higher court.
• Appellate Review: The appellate court reviews the trial court’s proceedings for legal errors. This process involves submitting written briefs and may include oral arguments.
• Appellate Decision: The appellate court may affirm, reverse, or remand the case back to the trial court for further proceedings.

11. Alternative Dispute Resolution (ADR):
1. Mediation and Arbitration: These are alternative methods to resolve disputes without going to trial. Mediation involves a neutral third party helping the parties reach a settlement, while arbitration involves a binding decision by an arbitrator.

Each stage of civil litigation is crucial and involves specific procedures and legal strategies. The complexity and duration of the litigation process can vary significantly depending on the nature of the dispute, the jurisdiction, and the parties involved.

How to choose a good civil lawyer
Choosing a good civil lawyer is crucial to effectively navigating and resolving legal disputes. Here are some steps and considerations to help you find a competent civil lawyer:
1. Identify Your Needs: Determine the specific area of law your case involves (e.g., contract disputes, property issues, family law). Lawyers often specialise in particular areas of civil law.

2. Research and Recommendations:
• Personal Recommendations: Ask friends, family, or colleagues if they can recommend a good civil lawyer.
• Online Research: Use online directories, legal forums, and review sites to find lawyers with good reputations in your area.
• Bar Association: Contact your local bar association for a list of qualified civil lawyers.

3. Experience and Expertise:
• Look for a lawyer with significant experience in handling cases similar to yours. Check their track record and success rate in civil litigation.
• Consider their specialisation. For example, a lawyer who primarily handles family law cases may not be the best choice for a commercial contract dispute.

4. Credentials and Reputation:
• Verify the lawyer’s credentials, including their education, bar membership, and any certifications.
• Read reviews and testimonials from previous clients. Look for feedback on their professionalism, communication skills, and effectiveness.

5. Initial Consultation:
• Schedule an initial consultation with a few potential lawyers. Many offer free or low-cost consultations.
• Prepare questions about their experience, approach to your case, estimated timeline, and potential outcomes.
• Assess their communication style, willingness to listen, and ability to explain complex legal concepts clearly.

6. Fees and Costs:
• Discuss their fee structure in detail. Some lawyers charge hourly rates, while others may offer flat fees or contingency fees (where they get paid only if you win the case).
• Ensure you understand all potential costs, including court fees, administrative expenses, and any additional charges.

7. Compatibility and Trust:
• Choose a lawyer with whom you feel comfortable and confident. Trust and effective communication are essential for a successful attorney-client relationship.
• Consider their availability and responsiveness. You want a lawyer who is accessible and keeps you informed about your case's progress.

8. Professional Conduct:
• Ensure the lawyer has a clean disciplinary record. You can check this with the local bar association or regulatory body.
• Look for any history of malpractice claims or ethical violations.

9. References: Ask for references from past clients. Speaking directly with someone who has worked with the lawyer can provide valuable insights into their capabilities and approach.

10. Local Knowledge: A lawyer familiar with the local court system, judges, and opposing counsel can have an advantage in navigating procedural nuances and building effective strategies.

Taking the time to carefully select a good civil lawyer can significantly impact the outcome of your case, ensuring that you receive competent and dedicated legal representation.

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