Procedures of Civil Cases

Introduction to Civil Cases

Hello! I want to tell you more about Civil Cases because it is important to know how this process works!




First

The Plaintiff is the person who brings a case against a person.

The Defendant is the accused person who has the charge for the case.

Step 1- The Complaint

The Plaintiff writes a complaint. The Complaint is a formal statement which names the defendant and explains the reason why you are suing them.

Step 2 - The Summons

The Complaint is filed so the court sends a summons. The summons is a legal document that requires the person to appear on court on a certain day and time because they are either a defendant or a witness.

Steps 3: Pleadings

The Plaintiff and the Defendant show up on Court. The defendant respond to charges they are accused off by having attorney answer to the complaint. So Pleadings occurs which has both the Complaint and the Answer together. As a result, both sides get evidence to help their case and they exchange pleadings in response to accusation.


Pre-trial Conference- is a meeting of the parties before a trial in front of a trial judge or magistrate. As a result, parties will decide if they are going to court.


Meditation- intervention from a third party takes place in a dispute in order to solve the problem.

Arbitration- when arbitrator is there to settle dispute between the plaintiff and the defendant.

Step 4-Trial

Trial takes place when there is no agreement between both sides. There are 2 options for a Trial. There can be a jury of 6 to 12 people or a judge alone can hear the case and make a decision.

The Plaintiff will speak their side of the story first. The defendant can respond. The Plaintiff can speak next. They will both summarize their cases.

Prepondenerance of evidence- The proof that plaintiff must prove in the claim if he or she is to win a civil action. If the defendant wants to oppose then they have to provide the proof against the claim.


Step 5- Verdict

After a trial takes place, a Verdict occurs. The Verdict is the decision of the case which is decided by the jury or the judge. For the Civil Cases, if the defendant is guilty then they will have to pay. If the plaintiff loses then they have to pay only for the costs of the court.

Step 6 Appeal

The defendant or the plaintiff can appeal the decision if they think the verdict is wrong. Then the process starts over!