Cecily Zamora
Civil lawsuits involve conflicts between people or institutions such as businesses, and typically involve monetary compensation. A civil case is usually initiated by a private party—a person or business that claims to have suffered harm or compensable losses. The plaintiff files a complaint with the court and serves a copy to the defendant. The defendant then files an answer to the complaint. The plaintiff must convince the jury by a preponderance of evidence that the defendant is responsible for the harm suffered. Civil cases can be expensive and time-consuming, and there are deadlines for filing them, set by laws called statutes of limitations.
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What You'll Learn
Individuals
To initiate a civil lawsuit, the plaintiff files a complaint with the court, outlining their damages, how the defendant caused them, and the court's jurisdiction. They must also serve a copy of the complaint to the defendant. The plaintiff must prove their case by a "preponderance of evidence", meaning it is more likely than not that the defendant is responsible for the harm.
It is crucial to be mindful of deadlines when filing civil lawsuits. Each state has statutes of limitations that set time limits for different types of cases. Failure to meet these deadlines will almost always result in the case being dismissed.
Civil cases can be resolved through mediation, arbitration, or other alternative dispute resolution methods, avoiding the need for a trial. These methods are encouraged by the courts to save time and expenses.
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Corporations
It is important to note that for a corporation to have standing in a lawsuit, it must have suffered a direct injury that can be addressed by a favourable court decision. If the harm is to a subsidiary, for instance, the corporation may lack a valid cause of action and, therefore, standing to bring the lawsuit.
When a corporation decides to initiate a civil lawsuit, it typically begins by filing a complaint with the court and serving a copy of the complaint to the defendant. The complaint outlines the plaintiff corporation's damages or injury, explains how the defendant caused the harm, demonstrates the court's jurisdiction, and requests relief. Relief can come in the form of monetary compensation for damages or an order for the defendant to cease the harmful conduct. In some cases, the plaintiff corporation may also seek a declaratory judgment to clarify the legal rights of the involved parties in a particular situation.
Before initiating a civil lawsuit, corporations should carefully consider their options and seek legal advice. Civil cases can be complex, and corporations must ensure they have standing and capacity to sue, as well as a valid cause of action, to increase their chances of a favourable outcome.
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Government agencies
When a government agency is the plaintiff, it must inform the defendant about the complaint, known as "service of process." The lawsuit is typically filed in the jurisdiction where the defendant resides or where the claim arose. Government agencies, like other plaintiffs, may be required to pay a filing fee to initiate the civil action. However, they can request to proceed "in forma pauperis" if unable to pay the fee.
Representation of Government Agencies
The U.S. Department of Justice (DOJ), Civil Division, plays a crucial role in representing and defending the interests of the U.S. government, its departments, agencies, Members of Congress, Cabinet Officers, and federal employees in civil matters. The Civil Division's responsibilities include defending federal programs, ensuring the government speaks with one voice on legal matters, preserving the intent of Congress, and protecting the public fisc. They handle cases involving national policies, complex litigation, and immigration issues. The Civil Division also consults with and advises other government components and client agencies to ensure a unified and successful litigation position.
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Deadlines and dismissal
The specific deadlines in civil law can vary depending on the jurisdiction and the type of lawsuit. For example, in California, the California Code of Civil Procedure (CCP) sets time limits for bringing an action to trial. According to CCP § 583.310, an action must generally be brought to trial within five years after it is commenced against the defendant, with the commencement date being the filing of the original complaint.
Failing to meet deadlines in civil cases can result in significant consequences. In some instances, a party's claim may be waived or dismissed if they fail to adhere to the specified time frames. Additionally, sanctions may be imposed on the delinquent party, although these typically do not include dismissal if the delay is relatively short. It's important to note that each jurisdiction may have unique rules regarding the specific deadlines and their respective consequences.
To avoid missing deadlines, litigants are advised to properly calendar events from the outset of litigation. This involves staying informed about the applicable statutes, court rules, and any exceptions or extensions that may apply. For example, if a party is served outside the United States, the deadline for their response may be extended by a specified number of days.
Dismissals in civil cases can occur for various reasons. One common reason is the failure to bring a case to trial within the mandated time frame, as previously discussed. Additionally, cases may be dismissed if the plaintiff fails to serve all named defendants and file proof of service with the court within the specified deadline, typically 60 days from filing the complaint. However, courts may grant extensions in certain circumstances to prevent automatic dismissal.
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Plaintiffs and defendants
A civil case involves a legal dispute between two or more parties, typically individuals, corporations, or government agencies. These conflicts usually involve monetary compensation for damages or injuries, although not always.
Plaintiffs
The plaintiff is the person or entity that initiates the civil case by filing a complaint with the court and serving a copy of the complaint to the defendant. The complaint outlines the plaintiff's damages or injuries, explains how the defendant caused them, and asks the court to intervene. The plaintiff must be able to prove the case by a "preponderance of the evidence", meaning it is more likely than not that the defendant is responsible for the harm.
Defendants
The defendant is the person or entity that the plaintiff claims has caused them harm. The defendant can respond to the complaint with an answer or motion. Failure to respond may result in a default judgment in favour of the plaintiff. The defendant may also file a "motion to dismiss", asking for the suit to be dismissed due to a defect in the complaint.
Representation
Both plaintiffs and defendants can represent themselves in civil cases, although it is recommended to seek legal counsel. Self-representation can be complex, and mistakes may result in dismissal or financial penalties.
Mediation
Before proceeding to trial, both parties are encouraged to resolve their dispute through mediation, arbitration, or other forms of alternative dispute resolution. This can help avoid the expense and delay of a trial, and many litigants agree to a settlement.
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Frequently asked questions
Any individual, business, or government agency can file a civil case.
A civil case is a lawsuit brought by a plaintiff against a defendant, claiming that the defendant's actions caused them harm.
Civil cases commonly involve disputes over contract disputes, damage to property, personal injury, credit card or other debt, and work-related disputes.
The plaintiff must file a complaint with the court and serve a copy to the defendant. The complaint should describe the plaintiff's damages and explain how the defendant caused the harm. The plaintiff may seek monetary compensation or request the court to order the defendant to stop their harmful conduct.
