Legal proceedings involving disputes between individuals or companies over money or a violation of privacy rights are called “civil cases.” Not all civil proceedings follow these steps. The court or the parties may rearrange the steps. And some cases have unique procedures dictated by court rules or a law. To learn more, research your case at your local law library. Click here to visit the law libraries. Here are the general steps of a civil action and the terms commonly used at these stages: By applying the rules of evidence, the judge determines what information can be presented in the courtroom. So that witnesses can speak to their own knowledge and not alter their account based on what they hear another witness say, they are kept away from the courtroom until they testify. A court reporter keeps a record of court proceedings, and a deputy clerk keeps records of each person who testifies and of any documents, photographs or other evidence presented as evidence. Learn about civil cases – the standard of proof used by the court, common types of civil cases filed, and the steps in civil proceedings.
Civil proceedings usually begin when a person or entity (the “plaintiff”) claims to have been harmed by the actions of another person or entity (referred to as the “defendant”). The applicant initiates legal proceedings by filing a “complaint” (a document setting out the applicant`s legal facts and theories and filing a request for legal protection). In the lawsuit, the plaintiff could: In a civil case, a “hearing” is a trial before a judge in court. There may be several hearings before the trial itself takes place. These may include scheduling hearings, application hearings, examination for discovery hearings, evidentiary hearings or a number of other things. A federal civil proceeding involves a dispute between two or more parties. A civil action begins when a disputing party files a complaint and pays a legal filing fee. An applicant who is unable to pay the fee may submit an application for proceedings in forma pauperis. If the application is granted, the fee does not apply. Throughout the process, the judge is asked to make decisions on a variety of issues – for example, when evidence is placed on the record or whether a question put to a witness is appropriate.
During a trial, the judge`s task is to determine the applicable law and to maintain order and comity in accordance with the various rules of conduct, procedure and evidence. Civil cases involve conflicts between individuals or institutions such as corporations, usually over money. Civil proceedings generally begin when a person or entity (the “plaintiff”) claims to have been harmed by the actions of another person or entity (the “defendant”) and the court seeks redress by filing a “complaint” and initiating legal proceedings. The plaintiff can ask the court for “damages” (money to compensate the plaintiff for the harm suffered), or he can ask for an “injunction” to prevent the defendant from doing something, or he can ask the defendant to do something, or he can ask for a “declaratory judgment” in which the court determines the rights of the parties under a contract or law. There are many types of cases in civil courts: if the case is heard by a jury, the parties will make a “jury selection” before the trial itself begins. Some civil cases can be heard by a jury, not just a judge. This is particularly true in cases involving pecuniary damages – say, for example, that the plaintiff seeks a sum of money as part of a veterinary error procedure. Unlike criminal cases, in most civil cases there is no right to a court-appointed lawyer. This means that if you can`t afford a lawyer and you can`t get legal aid or a pro bono lawyer (voluntarily), you`ll have to represent yourself. Click here for more information on how to be your own lawyer and represent yourself.
In Clark County, a civil suit can be filed in small claims court, one of the courts, or district court, depending on the amount of money involved and other factors. Each court has its own rules that govern the progress of a case. To view an organizational chart showing the progress of a civil case through the court or district court, click on one of these flowcharts or scroll to the bottom of this page:Organization chart – Organization chart – Civil matter before a district court In cases involving something other than money, a jury may not be appropriate or available – for example, The plaintiff is suing an ex-spouse for custody of the family dog. In a civil case, the jury consists of six to 12 jurors, depending on the court in which the case is located and the type of case. With the filing of the “complaint” begins a trial. Once the trial is over, the judge or jury will have time to deliberate before making their “decision” or “verdict.” The judge or jury will say whether they found the defendant legally liable and, if so, what the “remedy” will be — that is, how much money the defendant is obligated to give to the plaintiff, and any equitable non-monetary relief. The parties have a certain period of time to answer the questions raised by the Code of Civil Procedure of the court seised. Eventually, a judge or jury will determine the facts of the case (in other words, find out what really happened) and then apply the appropriate law to those facts. Based on their analysis of the law and the facts, the judge or jury will make a final “verdict” (sometimes called a “decision” or “order”) and decide the legal consequences resulting from the parties` actions.
A civil proceeding is a private, non-criminal action that generally involves private property rights, including respect for rights set forth in the Constitution or under federal or state law. For example, lawsuits for breach of contract, inheritance, divorce, negligence, and copyright infringement are just a few of hundreds of types of civil lawsuits. There are many types of cases before the civil courts. This website has separate sections for the most common types of civil cases. For more detailed information, you can go to our homepage and click on the topic that interests you. There are two types of prosecution: civil and criminal. Civil proceedings begin when a natural or legal person (the plaintiff) alleges that another natural or legal person (the defendant) has failed to comply with a legal liability owed to the plaintiff. The plaintiff and defendant are also referred to as “parties” or “litigants”. The plaintiff may ask the court to require the defendant to perform the obligation or to pay compensation for the damage, or both.
Some civil matters are decided by judges or commissioners, such as family law matters, small claims, estates or matters involving minors. Other civil cases are decided by a jury, but it is only necessary that at least 9 of the 12 jurors agree on the verdict. This is a general overview of civil lawsuits. It covers the most important steps along the way and the most important terms you need to know. As always, the caveat is that this sheet does not replace a lawyer. To bring a civil action in federal court, the plaintiff files a complaint with the court and “delivers” a copy of the lawsuit to the defendant. The claim describes the plaintiff`s damage or injury, explains how the defendant caused the damage, shows that the court has jurisdiction, and asks the court to order compensation.