After you file your lawsuit, you must inform the defendant (or defendants if you are suing more than one person or company) that you are suing. This is called a “process service”. You must have copies of all documents you have filed with the court to be “served” on each party to the lawsuit. This means that a person (not you) who is 18 years of age or older must give a copy of the papers to the other party. When you first serve someone in a case, para. B example when the case is just beginning, you usually have to serve him personally. Read the Service of Proceedings section to learn how to serve the defendant. “Mediation” is a process in which the parties to the dispute attempt to negotiate a settlement or settlement with the assistance of a trained and neutral third party. In cases involving anything other than money, a jury may not be appropriate or available – for example, the plaintiff sues an ex-spouse for custody of the family dog. The jury in a civil case consists of six to 12 jurors, the number depending on the court in which the case is located and the type of case present. If you`re suing for $10,000 or less, ask yourself if Small Claims Court can work for you.
For more information, read the information and instructions for filing in small claims court. There are a few exceptions to the $10,000 limit, so make sure you understand them as well. A civil action is different from other lawsuits because it is based on non-criminal terms. Typically, a plaintiff (the person who initiates the lawsuit) files a complaint against the defendant (the accused) because of contractual incidents or accidents. The applicant is usually eager to get money back or allow/prohibit certain actions. The following process explains the steps involved in a civil lawsuit. Other discovery tools include regulatory filings and production requests. Either party may send applications for admission to the other party to refine the issues raised in the dispute. If the opponent admits that a fact is true or that a document is authentic, these points no longer need to be negotiated. Solicitations allow a party to have access to tangible evidence relevant to the case. To learn more about the investigation process, click here.
Trial: Immediately before the trial, each party presents the judge with a document called a “letter,” which describes the arguments and evidence to be used in the trial. Some trials, called “trial formation trials”, do not involve a jury and are decided by the judge alone. Other trials are jury trials. In a jury trial, both parties interview potential jurors during a selection process known as “voir dire.” Once the process has begun, each party presents its overview of the case in an opening statement. The parties then provide evidence. Either party may call witnesses or present documents and exhibits in support of their arguments. After each witness has been summoned and questioned, the other party has the opportunity to cross-examine the witness. The plaintiff first presents evidence and then the defendant. Sometimes the plaintiff is allowed to provide additional evidence, called rebuttal evidence, after the defendant has completed their argument.
Once all the evidence has been presented, the parties present their closing arguments. At the end of the pleas, the court asks the jury to make a request for evidence. The jury then deliberates and renders a decision or judgment. At the beginning of the trial, usually after the defendant has submitted a response, a judge issues a “planning order” that sets important deadlines and dates related to the case. The planning order specifies when pleadings and other documents are to be submitted and also sets a date for the hearing. The judge may also set a “discovery” schedule in the order. The discovery is explained below. We hope you find this description of fundamental legal litigation useful. Leading legal researchers Chambers and Partners and U.S. News – Best Lawyers, Stoel Rives` litigation lawyers® consistently rank among the best in their practice regions and have experience in virtually every aspect of commercial litigation, including labor and labor law, commercial contracts, product liability and tort, class actions, citizen lawsuits, white-collar crime and enforcement issues. For more information about our services or to contact us, please visit www.stoel.com. At any time before a case is brought before the courts, either or both parties may attempt to close the case by filing an application with the court.
Most often, the defendant files this type of claim and the plaintiff opposes it. If the defendant considers that the plaintiff does not have a valid case, he may file a request for a decision on the pleadings at the very beginning of the proceedings. Similarly, the defendant may apply for dismissal if he finds a procedural problem in the case. B, for example, a question concerning the jurisdiction of the court or the limitation period. An application for summary judgment may be made later in the proceedings if one of the parties considers that there are no essential facts in dispute and that he or she is legally entitled to a judgment. If you decide that you are still asking for the highest amount of money and want to file a limited civil lawsuit, the rest of this section will provide you with general information about the legal process. .