Civil Court Process

The attorneys at Jesse Wiens Law handle a large number of civil cases across the state of Colorado. The following is a general overview of the different steps that are involved in the civil process. Learn more about the Criminal Court Process.

Demand Letter

A letter written to an opposing party, often an insurance adjuster, demanding compensation or other relief due to injuries or harm caused by the other party. This is a step designed to save money and resources by attempting to settle a dispute without litigating the matter in court, which is very costly. Before sending a demand letter, all medical records, financial documents or other important information must be obtained by the attorney prior to completing and sending the “demand.”

Complaint

A legal document filed by the Plaintiff (the one suing) in court. It outlines to the defendant the damage caused by the defendant’s action or inaction, and outlines any damages sought.

Answer

An Answer is then filed by a Defendant in a civil action, outlining why their actions or inactions did not cause the damage claimed by the Plaintiff, and otherwise contesting the damages sought. A Defendant can also allege damages against the Plaintiff or another party in their Answer.

Initial Status Conference

This is a status conference where the parties, their attorneys, or both, attend a hearing where they advise the Court of what they expect in the case. This includes how long it might take to get to trial, how many depositions there might be, and how long the discovery process might take.

Case Management Order

This is a document agreed to and submitted by the attorneys or written by the Court that outlines the issues addressed at the Initial Status Conference.

Discovery

This is the process where each party, the Plaintiff and Defendant, learn about each other’s position.
Common forms of discovery are:

1. Sending Interrogatories to the other party, where they ask the other party questions to answer.
2. Requests for Admission, where one party asks the other to admit or deny certain statements.
3. Requests for Production of Documents, where one party asks the other to produce documents, often related to the Interrogatory answers.

Depositions

This is the process where each party is able to ask the other party, witnesses, or experts questions under oath. Depositions are transcribed or video-taped.

Trial

Like the criminal trial, a civil trial is where each party gets to present their individual case to a judge or jury. Unlike a criminal trial, however, where a judge or jury determines innocence or guilt, a civil trial provides the opportunity to be awarded whatever damages you are seeking, such as money.

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