Pre-Trial Preparation

Pre-trial Procedure includes all aspects of trial practice that occur before trial.
These stages include filing a lawsuit, answering a complaint, discovery, motion
practice, and trial preparation. There are many fine treatises and practice aids on
pre-trial procedure, generally, and on the various stages of pre-trial practice.

Pre-trial Preparation in Civil Case

Pre-trial stage is a very crucial stage in any civil matter. Therefore Pre-trial
preparations are an important part of successful trial. If there is a good ground
to work during preparation for trial in proceeding to improve. Unless sufficient
preparation is made even the best advocate may not be sued during the trial.

General Rule of the trial is that it has to start the trial as per Order XVIII Rule 1
of Code of Criminal Procedure. Pre-trial starts after Client Counselling is done
and one decides to enter into next phase and prepare for trial. Following steps
are followed by Advocates and legal practitioners including pre-trial
preparations.

Role of Lawyer in Pre-Trial Preparation

Litigation attorneys, also known as litigators or trial lawyers, represent plaintiffs

and defendants in civil lawsuits. They manage all phases of the litigation from
the investigation, pleadings, and discovery through the pre-trial, trial,
settlement, and appeal processes. Tasks can vary based on the nature of the
dispute, the experience of the attorney, and whether he's representing the
plaintiff or the defendant. In case of Pre-trial the weeks immediately preceding
trial are a time to wrap up discovery and prepare for court. Litigators consult
with and advise clients, retain expert witnesses, attend pre-trial conferences, and
develop trial strategies based on the facts and evidence. They might also
conduct pre-trial depositions of experts and key witnesses, prepare
demonstrative evidence to be used as trial exhibits, and draft and argue pre-trial
motions such as those dealing with the admissibility of certain evidence at trial.

Stages in Civil Litigation

1.Filing of Plaint

The facts and summary of the case are recorded in the plaint, which is a legal
document. The litigation is based on the facts mentioned in the plaint, and
therefore it is the starting point of the litigation. Order VII of the Code of Civil
Procedure, 1908 delineates the contents of the plaint. Some of them are:

 Name of the Court where the litigation takes place

 Details of the parties contending the civil dispute

 Facts of the case

 The relief or damages claimed by the plaintiff

 The documents that substantiate the facts of the case.

2. Issuing of Summons

Once the plaint is accepted by the court, a summon is issued to the defendant
against whom the case is filed. The defendant is required to be present in the
court in person or can be represented by a legal representative. The term
“summon” is not defined in the Code of Civil Procedure, 1908, but it is simply a
writ that states that legal action is initiated against the defendant. The summon
is issued within 30 days from the date of initiation of the suit. The summons
calls for the defendant to make an appearance before the court, to give the
defendant an opportunity to be heard. Alternatively, if the defendant admits the
plaintiff’s claim even before the summon is issued, then there is no need for
such issuance in the first place, and the judgment will be pronounced in favor of
the plaintiff.

3. The appearance of the Parties to the Dispute

It is mandatory that the parties to whom the summons was sent appear in court
at the specified time and date. In the event that the parties fail to appear, an ex
parte order will be passed in favor of the plaintiff. A court may dismiss a case if
both parties fail to appear on the stipulated date, even after giving them a fair
chance.

4. Interlocutory Proceedings

Civil litigation is a long and circumvented process and goes through various
stages before the final order is passed. The Court has the obligation to intervene
and maintain the status quo most often. The status quo order can be requested
by the plaintiff by filing a notice of motion in the City Civil Court or by filing
the required application in the High Court of the respective jurisdiction. In
short, an interlocutory order is more like a temporary injunction. An
interlocutory order often helps in the progress of the case but only helps with
issues collateral to the main dispute in the litigation. Interlocutory proceedings
are more often issued for matters related to the interim sale of property,
detention preservation, the appointment of court receiver, etc.

5. Written Statement

The written statement mentions the defendant’s pleas against the plaintiff’s
plaint. The written statement should be filed within 30 days from the date of
service of the summons to the defendant. In the written statement, it is
mandatory that the defendant specifically denies every allegation that the
plaintiff has mentioned in the plaint. The defendant can also mention
counterclaims, if required, against the plaintiff in the written statement.

6. Examination

Once the written statement is filed, the Court records the acceptance or denial of
the allegations made by the plaintiff, by the defendants. After the filing of the
plaint and the written statement, the next step is to carry out the examination of
the parties.

7. Framing of the Issues Involved

Once the process of litigation commences, and the written statement is filed, the
parties will then be allowed to submit the issues. The Court after examining the
draft issues will frame the final set of issues. The court, after the first hearing,
and after analysing the plaint and the written statement would weigh the
proposition of the facts of the dispute and would frame the issues.

8. Documents Required

Subsequent to the framing of the issues, the parties have to furnish the required
documents that substantiate their claims. If the parties intend to produce
documents that are in the possession of a third party, an application has to be
made to the court to issue summons to the concerned parties to procure the said
documents. In such circumstances, the parties to the dispute, have to pay the
required fee to the court.
9. Inspection and Discovery of the Documents

Once the documents are submitted, the parties can apply to the court for the
inspection of the documents. With the permission of the court, the parties can
gain access to the required documents. The opposition parties, however, can
admit or deny the documents.

10. Producing the Required Documents

Once the list of documents is furnished in the court and depending upon the
acceptance or denial of the same, the documents have to be produced in the
court.

11. Examination and Cross-Examination of the Witnesses

The most important stage in litigation is the examination of the witnesses. In the
first hearing of the suit, the court asks the parties if either of them agrees or
denies the allegations made by the opposition. Usually, the plaintiff gets the first
chance to begin, unless the defendant proves otherwise. The plaintiff has to
submit the pieces of evidence, and the defendant’s advocate gets to cross-
examine the plaintiff and witnesses who represent the plaintiff’s side. The
plaintiff’s advocate also gets the chance to cross-examine the defendant’s side
of the witness.

12. Arguments

Once the process of examination and cross-examination has been completed,

the next stage in civil litigation is to take the arguments. The parties to the
dispute are asked to present their arguments, the summary of the case, and the
list of evidence to substantiate their arguments.

13. Judgment

The next stage in litigation is to pronounce the judgment. The judge of the
respective court, on weighing the merits of the case and the arguments
advanced, passes the judgment based on which the decree will be passed.

14. Appeal, Review, Revision of the Judgment Passed

Once the judgment is passed, and if one of the parties is not satisfied with the
same, they can apply for the review of the judgment within 30 days from the
date of the judgment. The aggrieved party can also file a revision petition to the
higher court within the same time frame or can opt for an appeal to a higher
court within 60 to 90 days from the date of announcement of the judgment.

15. Decree Execution

The final stage is the execution of the decree, wherein the decree-holder forces
the judgment debtor to perform the mandate of the decree or order, depending
upon the situation. The execution of the decree is said to have been performed
when the creditor gets the money that was due or receives the claims that were
directed in the judgment order.

conclusion

Thus, in civil litigation, the compensation is given due weightage, unlike

criminal litigation wherein punishments and penalties are given weightage.
Also, failing to follow the above-mentioned steps in the litigation process could
result in the dismissal of the suit.
1 Civil Case