A litigation lawyer knows how to present your side of a dispute to a judge to protect your rights and maximize your chances of getting a favourable decision.
Criminal court case is a matter that has been enrolled in a criminal court regardless of the forum including traffic cases and non-docket cases where accused appears in a court. Any civil applications, enquiries and ex parte applications are excluded. A criminal court case may have multiple counts and /or accused and can involve multiple police dockets.
Civil court case is a civil matter that has been enrolled in a court of South Africa regardless of the forum. This includes ex parte applications or applications on notice. It includes motion and trail proceedings. Examples are restraints, preservation, forfeiture and confiscation applications. It also includes interlocutory applications relating to living and legal expenses and curators in civil matters.
A dispute may be and usually is divided into three stages; pre-litigation, litigation; and post-litigation.
The pre-litigation stage involves certain preliminary inquiries: into, for example, whether there is in fact a case, the kind of action to be taken, the identity of the person against whom it is to be pursued, for how much, by whom, and in which court—everything, that is, which must occur prior to the point at which a dispute is actually referred to a court. It may also involve correspondence with an opponent and the sending of a letter of demand.
Once the pre-litigation issues have been settled, the formal litigation process begins. This stage involves or requires or mandates, the exchange of documents; time limits; compliance with court rules and procedures and finally, the trial or hearing.
Even in small disputes, an experienced litigator can give one party the upper hand. If you have been sued, or if you need to enforce your legal rights, merely hiring a lawyer may lead the other side to think twice. And if the case does proceed to litigation, your lawyer will be there, fighting for you every step of the way.
Even in small disputes, an experienced litigator can give one party the upper hand. If you have been sued, or if you need to enforce your legal rights, merely hiring a lawyer may lead the other side to think twice. And if the case does proceed to litigation, your lawyer will be there, fighting for you every step of the way.
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