The Procedures of Civil Cases

Unit Seven Mastery Two: You’ve Been Served!

Hannah Brown

A Civil Case forms when two individuals or groups can’t come to an agreement about something such as a personal injury, contracts, divorce, or a contested will.
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1st Step: The plaintiff starts the case against the defendant which is the person who is being sued.

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2nd Step: The plaintiff’s attorney files a complaint or a statement that names the parties and what the lawsuit is.

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3rd Step: The court summons the defendant by ordering them to show up on a certain date.

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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.

6th Step: If all fails, the case goes to trial.
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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.

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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.