Kara Sears
Civil cases involve legal disputes between two or more parties. A civil case begins when a party to a dispute files a complaint and pays a filing fee. The plaintiff files a complaint with the court and serves a copy to the defendant. The plaintiff must prove their case against the defendant. The defendant is responsible for defending themselves against the plaintiff's claims. The plaintiff may seek monetary compensation for damages or ask the court to order the defendant to stop the conduct causing harm. Both the plaintiff and the defendant have the right to a jury trial. The plaintiff's lawyer presents their case first, followed by the defense counsel, and the plaintiff's witnesses appear first. The jury decides whether the defendant is responsible for harming the plaintiff and determines the damages the defendant will pay.
| Characteristics | Values |
|---|---|
| Number of parties involved | 2 or more |
| Who files the case | Plaintiff |
| Who is being sued | Defendant |
| What does the plaintiff file | Complaint |
| What does the complaint contain | Plaintiff's damages or injury, how the defendant caused the harm, the court's jurisdiction, and the relief sought |
| Relief sought | Monetary compensation, a court order to stop the defendant's conduct, or a declaration of the legal rights of the plaintiff |
| Who has the burden of proof | Plaintiff |
| Who grants a dispositive motion | Judge |
| Who decides the applicable law | Judge |
| Who decides the verdict | Judge or jury |
| Minimum number of jurors | 6 |
| Maximum number of jurors | 12 |
| Verdict requirement | Unanimous |
| Where to file the case | Jurisdiction where the defendant resides or where the claim arose |
| What if plaintiff and defendant are from different states | File in the jurisdiction where the plaintiff or defendant resides |
| What if the case is filed in the wrong court | The judge may dismiss it |
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What You'll Learn
Plaintiff files a complaint
A federal civil case involves a legal dispute between two or more parties. To begin a civil lawsuit, the plaintiff files a complaint with the court and serves a copy of the complaint on the defendant. The plaintiff must pay a filing fee, unless they are unable to, in which case they can file a request to proceed in forma pauperis, and if granted, the fee is waived.
The complaint should describe the plaintiff's damages or injury, explain how the defendant caused the harm, and show that the court has jurisdiction. It should also ask the court to order relief, which may include asking for monetary compensation or requesting that the defendant stop the conduct causing the harm.
The complaint must contain a caption or heading, including the name of the court and county, the parties to the case (plaintiff and defendant), the case number, and the title of the document. In the body of the complaint, the plaintiff must give fair notice about the nature and basis of their claim and the type of case. This includes providing a short and plain statement of the claim, along with sufficient facts to establish the necessary elements for the requested relief.
After filing the complaint, the plaintiff will receive a summons from the court clerk, which, along with a copy of the complaint, must be delivered to each defendant named in the case. The plaintiff can amend their complaint if needed, especially if the defendant has not yet filed anything with the court.
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Defendant files an answer
A civil case involves a legal dispute between two or more parties. The plaintiff files a complaint with the court and serves a copy of the complaint on the defendant. The complaint outlines the plaintiff's damages or injury, explains how the defendant caused the harm, and asks the court to order relief. The defendant then has the opportunity to file an answer to the plaintiff's complaint.
The defendant's answer is their chance to respond to the plaintiff's allegations and put forth any defences. It is important to note that the answer must comply with the federal rules of civil procedure, which require that pleadings be "simple, concise, and direct". The defendant may offer various defences, such as affirmative defences, which they have the burden of proving. Examples of affirmative defences include previous settlement of the case, statute of limitations, and fraud.
It is crucial for the defendant to carefully review the instructions on the answer form and understand the available response options. They can dispute all or part of the plaintiff's complaint and include one or more defences in their answer. A defence is a legal reason why the plaintiff should lose the case. For instance, the plaintiff may have waited too long to file the lawsuit or may be suing for more than they actually owe.
The defendant must also be mindful of the deadlines for filing their answer. Generally, the answer is due within 30 days of being served with the complaint. Failure to meet this deadline can result in the plaintiff requesting a default, which means the court may decide the case without considering the defendant's response.
Throughout the civil case process, both sides may file requests or motions with the court, seeking rulings on evidence discovery or trial procedures. They may also engage in mediation or arbitration to resolve the dispute without proceeding to trial.
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Pre-trial stage
The pre-trial stage of a civil lawsuit involves several important steps that lay the groundwork for the trial itself. This stage begins when the plaintiff files a complaint with the court and serves a copy of the complaint to the defendant. The complaint outlines the plaintiff's damages or injuries, explains how the defendant caused the harm, demonstrates the court's jurisdiction, and requests relief. The defendant is then notified and given a timeframe to respond by admitting or denying the allegations.
During the pre-trial stage, both sides may file requests or motions with the court, seeking rulings on evidence and procedures. This includes discovery, where witnesses may be questioned under oath before the trial, and deposition transcripts are produced. To avoid the time and expense of a trial, judges often encourage litigants to pursue mediation, arbitration, or alternative dispute resolution methods, which can lead to a settlement.
The pre-trial stage also involves jury selection, known as "voir dire." Potential jurors are questioned to determine their impartiality, and attorneys for both sides work to select a jury that may be sympathetic to their case. Following this, the attorneys make their opening statements, outlining the circumstances and legal rationale for the plaintiff's complaint and the defendant's rationale for dismissing the claim.
Before the trial commences, the parties and the court prepare for it. This includes the plaintiff presenting their witnesses and experts, who may be cross-examined by the defendant. The pre-trial stage concludes with the parties providing their closing arguments, summarizing their positions and aiming to convince the jury.
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Discovery stage
A federal civil case involves a legal dispute between two or more parties. The plaintiff files a complaint with the court and serves a copy of the complaint to the defendant. The plaintiff may seek monetary compensation for damages or may ask the court to order the defendant to stop the conduct causing harm. The defendant is responsible for defending themselves against the plaintiff's claims.
The discovery stage is where both parties have the chance to learn what evidence the other side has. During this stage, the parties are required to exchange certain documents and information. If there is specific information required from the other party or a third-party witness, discovery tools can be used to try and obtain it.
One of the most common methods of discovery is to take depositions. A deposition is an out-of-court statement given under oath by any person involved in the case. It may be in the form of a written transcript, a videotape, or both. In most states, either party may take the deposition of the other party or any other witness. Both sides have the right to be present during oral depositions. Depositions can also be used to obtain the testimony of important witnesses who cannot appear during the trial.
Other methods of discovery include:
- Sending written questions (interrogatories) to the lawyer representing the other side
- Subpoenaing the other side to produce books, records, or other documents for inspection
- Requiring the other side to submit to a physical examination
- Asking that a document be submitted for examination to determine its genuineness
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Trial
A civil case trial is a legal dispute between two or more parties. The plaintiff files a complaint with the court and serves a copy of the complaint to the defendant. The plaintiff's complaint outlines the facts and legal theories and asks for relief. The plaintiff may seek monetary compensation or ask the court to order the defendant to stop the conduct causing harm. The defendant then files an answer or a motion to dismiss the complaint.
Before the trial, both sides may file requests or motions with the court, seeking rulings on the discovery of evidence or procedures to be followed. Discovery may include a deposition, where a witness answers questions from a lawyer under oath, with a court reporter transcribing the proceedings. To avoid the time and expense of a trial, judges often encourage litigants to reach an agreement through mediation, arbitration, or other forms of alternative dispute resolution.
During the trial, lawyers for both sides present their cases through opening arguments, witness testimonies, and cross-examinations. The judge maintains order and civility, making decisions on the admissibility of evidence and the propriety of questions. After hearing all the evidence, each side delivers a closing argument. In a jury trial, the judge explains the relevant law and the decisions the jury needs to make. The jury determines whether the defendant is responsible for harming the plaintiff and assesses the damages. In a "bench" trial, the judge decides these issues and orders relief.
In civil cases, the plaintiff has the burden of proof, needing to convince the jury by a "preponderance of the evidence" that the defendant is responsible for the harm. The plaintiff must prove their case against the defendant, who is responsible for defending themselves. The court may order various forms of relief, including declaratory judgments, injunctions, or temporary restraining orders.
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Frequently asked questions
Civil law cases are filed by a plaintiff who claims to have been harmed by the actions of another person or business (the defendant).
The plaintiff has the burden of proof and must convince the jury that the defendant is responsible for the harm suffered.
The defendant is responsible for defending themselves against the plaintiff's claims. They can also file a counterclaim, which is their own lawsuit against the plaintiff.
The plaintiff files a complaint with the court and serves a copy to the defendant. The complaint outlines the plaintiff's damages or injury and asks the court for relief. The defendant then files an answer or a motion to dismiss the complaint.
