Michigan Civil Litigation Process
Experienced Legal Representation from Attorney Manny Chahal
Every civil case is unique, and the procedures involved depend on the complexity of the legal and factual issues at hand. Manny Chahal guides clients through every stage of Michigan’s civil litigation process with precision, professionalism, and a commitment to protecting their best interests.
Below is an overview of the general stages of a civil action in Michigan:
1. Filing the Complaint
A civil case begins when the plaintiff files and serves a Summons and Complaint. The Complaint outlines one or more “causes of action,” such as breach of contract, negligence, or fraud. It sets forth the legal basis for the claim and the relief sought from the court.
2. Service of Process
Once filed, the Summons and Complaint must be formally served on the defendant(s). If a defendant agrees to accept service, they may sign an Acknowledgment of Service. Otherwise, formal service—often through a process server or certified mail—is required to ensure proper notice in the ongoing litigation.
3. Response to the Complaint
After service, the defendant typically has 21 days (or 28 days if served by mail) to respond. The response may be an Answer addressing each allegation or a Motion to Dismiss challenging the sufficiency of the complaint. Addressing these responses is a crucial aspect of the civil process.
Failure to respond can result in a default judgment, allowing the plaintiff to prevail without trial.
4. Discovery Phase
The discovery process allows both sides to gather the facts and evidence needed to prove their claims or defenses. Depending on the complexity of the case, this may include:
Interrogatories – Written questions that must be answered under oath.
Requests for Production – Formal requests for relevant documents, recordings, or reports
Requests for Admissions – Statements each side must admit or deny.
Depositions – Sworn testimony taken in person, recorded by a court reporter.
Subpoenas – Legal requests for documents or testimony from third parties (e.g., banks, employers).
If a party fails to comply with discovery obligations, motions may be filed to compel responses or seek court sanctions. All these elements are integral to the litigation process.
5. Settlement Negotiations and Case Evaluation
Throughout litigation, settlement discussions may occur at any stage. Michigan courts often require mediation or case evaluation, where experienced attorneys review the case and suggest a fair settlement amount.
If both sides accept the evaluation award, the case can be resolved without trial. If not, the case proceeds toward trial in the litigation process.
6. Trial
While most civil cases settle before trial, some proceed to the courtroom. During trial, both sides present evidence and witness testimony before a judge or jury.
- The Plaintiff presents their case first, followed by cross-examination from the Defense.
- The Defendant then presents their case, subject to cross-examination by the Plaintiff.
- Finally, both sides deliver closing arguments after which the court or jury renders a verdict. This marks the final stage in the civil litigation process.
Trials can last a single day or extend for several weeks, depending on the scope of the dispute and volume of evidence.
7. Why Choose Manny Chahal
Attorney Manny Chahal combines deep legal knowledge with practical business insight to deliver strong, results-driven representation in civil litigation. From filing through resolution, he ensures clients understand each step and are positioned for the best possible outcome in their civil litigation matters.