What is the Basic Procedure for Filing a Civil Suit

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If someone or something did something wrong to you or caused you to lose money, you may be thinking about filing a civil suit or case. But what is the basic procedure for filing a civil suit or case? In this blog, we will answer that question and more.

Understanding Civil Law

Civil law is a system of law that deals with disputes between individuals. It has many similarities to common law, which is the system of law that governs disputes between businesses. However, there are also several important differences between the two systems. If you are involved in a dispute that requires civil law attention, it is important to be aware of the types of civil lawsuits that you can file and the applicable statutes of limitations.

When deciding whether or not to file a civil lawsuit, it is important to understand what type of civil lawsuit you need to file. There are four main types of civil lawsuits: personal injury cases, contract disputes, property disputes and probate matters. Each type has specific requirements and procedures that must be followed for your case to be heard by the court.

What are the Cases Covered under Civil Law?

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Cases that fall under civil law can vary from place to place, but some of the most common ones are property disputes, contract disputes, personal injuries and probate matters. In general, a civil court is designed to provide a resolution for disputes between two or more people, corporations, or other entities.

In civil cases, the burden of proof typically falls to the plaintiff, who must be able to prove each element of their case by a preponderance of the evidence. Most of the time, the person who wins is entitled to money damages or other forms of compensation.

Once the complaint has been written up and filed, the civil litigation process will move forward. The defendant will be served with a copy of the complaint and have a certain period of time to respond (often between 30 and 60 days). The responding document will be called an "answer." The answer will contain the parties' positions on each issue, as well as any claims of affirmative defences.

After the answer is filed, both sides will begin the process of discovery. This typically involves formal requests for documents, interrogatories, depositions and requests for admissions. After the discovery period ends, both parties will usually discuss the possibility of settlement during pre-trial conferences. If the two sides cannot come to an agreement, the case will proceed to trial, where a judge and/or jury will hear each party's arguments and make a decision.

Once the verdict has been decided, the prevailing party will be awarded any damages. If the verdict is not satisfactory to either side, either party may appeal the decision. Appeals involve an entirely separate process, which may involve submitting written statements to the court explaining why a decision was made too quickly, or the evidence was not properly considered.

In Summary

Filing a civil suit or case can be complex and lengthy, but it doesn't have to be. Do something now to learn more about civil law and court procedures so that you will be ready when you need to file a civil case in the future.

Mar 02, 2023, 0 Comments