Civil Case Procedure
The steps for a civil court case
STEP 1: COMPLAINT
First you must hire a lawyer who files a complaint with the proper court.
- Complaint: formal statement naming the plaintiff and the defendant as well as describes the lawsuit.
STEP 2: SUMMONS
Next the court must send out a summons for the defendant to come to court.
- Summons: a document telling the defendant of the suit against her and orders her to appear in court on a certain day and time.
STEP 3: DEFENDANT RESPONSE
Defendant may respond to the charges by having their own attorney "answer" to the complaint.
- pleadings: the complaint and the answer together---the lawyers on both sides gather evidence to help their case.
STEP 4: PRE-TRIAL DISCUSSIONS {conference}
Judge might have both parties in a meeting to help clarify differences and prepare for the trial.
If the defendant and their lawyer believe that the case is very strong, they may offer a settlement in place of having a trial. This is often called mediation of a court case. Arbitration is also used at times to end disputes before or during court cases.
STEP 5: TRIAL
If the parties do not settle, the case goes to trial. A jury of 6-12 people OR a judge alone might hear the case. The plaintiff presents their side first followed by the defendant. Both cases then summarize their cases. After all this, the judge or jury decides the case.
STEP 6: VERDICT
A verdict is the decision made by the jury or judge of a case. Upon preponderance of the evidence, either the judge or jury will release their verdict. If the defendant loses then they must pay the plaintiff. However, if the plaintiff loses then they must pay all court costs.
{optional} STEP 7: APPEAL
If one does not agree with the decision of the court then they can appeal to the next highest court in their area.