The Procedures of Civil Cases
Unit Seven Mastery Two: You’ve Been Served!
1st Step: The plaintiff starts the case against the defendant which is the person who is being sued.
2nd Step: The plaintiff’s attorney files a complaint or a statement that names the parties and what the lawsuit is.
3rd Step: The court summons the defendant by ordering them to show up on a certain date.
4th Step: Two things can happen; either the defendant sends a response to charges and this is called pleadings or a pretrial conference is called by the judge to give both sides a chance for to clarify differences.
5th Step: After the pretrial happens, the two parties could either go to mediation or through arbitration. Mediation is when a third party helps both sides to reach a conclusion and then arbitration is when a third party settles the dispute and the decision are final.
7th Step: The case is heard by a jury or a judge. It starts off first with the plaintiff. While talking, the plaintiff must prove the case with a preponderance of evidence or reasons to persuade the judge or jury that the deferent is responsible for the charges. Then the defendant presents their side.
8th Step: Judge or jury decides verdict, or the decision, in favor of one of the parties. If the plaintiff wins, a remedy is set…However if the defendant wins, the Plaintiff may appeal to a higher court if dissatisfied.