Civics Law Firm
Walking You Through Every Step
Meeting Your lawyer
If you are the party who needs to bring a case before a court, you're going to need to hire a plaintiff. A plaintiff is the lawyer who will represent and bring your specific case to a court of law.
If you are the party who a case is being brought against, you're going to need to hire a defendant. A defendant is the lawyer who will fight to defend you in a court of law.
Making A Complaint
If you are hiring a plaintiff, you will need to supply them with ample information to draft a complaint. A complaint is any formal legal document that sets out the facts and legal reasons believes are sufficient to support a claim against the party or parties against whom the claim is brought.
A Summons
If the case is accepted, the defendant will soon receive a summons. A summons is an order to appear before a judge or magistrate. If the summons is not responded to by the defendant, the judge can charge you with contempt of court or failure to appear. If that happens, the court can charge you with a misdemeanor and issue a warrant for your arrest or add an additional fee of up to $300.
Pleadings
A pleading is a formal written statement of a party's claims or defenses to another party's claim in a civil action. The parties' pleadings in case define the issue to be judged in the action. Most importantly, a pleading can be made by either side.
What is a Pretrial Conference
If the defendant answers the complaint, the case will be scheduled for a pretrial conference. At the conference, the parties will meet with a judicial officer in an attempt to narrow the issues, determine the number of witnesses to be called, the length of the trial, and to discuss the possibility of settlement.
Mediation and Arbitration
If an dispute between the parties it can be settled in one of two ways. In the mediation process, a third party known as the mediator assists the parties to negotiate a settlement and to put the argument down as smoothly as possible. it can be settled in one of two ways. In the mediation process,
In the arbitration process, a third party reviews the evidence in the case and imposes a decision that is legally binding on both sides and enforceable in the courts.
The Trial
This is what everything thus far has led to, the trial. A trial is a formal examination of evidence before a judge, and typically before a jury, in order to decide the guilt in a case.
Preponderance of Evidence
The preponderance of evidence is the greater weight of the evidence required in a civil lawsuit for the trier of fact to decide in favor of one side or the other. The preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence.
Verdict
The verdict is the final decision over a case that pertains to that court. The verdict will ultimately determine if the defendant is guilty or not guilty.
Appeal
After the case is over, either party has the right to appeal. The appeal is sent to a Court of Appeals which reviews the courts decision and any errors that may have occurred during the trial.