How to Start a Civil Court Case
Not many people are aware of how to start a civil court case and they definitely are not to blame because it is just not every day that people have to go to court. Knowing how to start a civil court case may be something you do not want to have to perform ever in your lifetime, but knowing how is extremely important since things can go wrong at any moment.
The Rules of Civil Procedure are present to tell people how to generally file a civil court case. This procedure is minutely different from state to state because of the difference in laws.
Instructions
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1
Beginning
To kick off the process of a civil suit, the plaintiff is required to file the initial pleadings. This includes the summons and complaint with the clerk of court for the respective area of jurisdiction. The area of jurisdiction is where the incident took place and where either party works or lives. -
2
Serving
After filing of the civil suit is complete, the defendants named in the suit must be served with copies of the pleadings. In most states, the defendants have 30 days to file a response, which is usually an admittance or denial of the allegations levelled against them by the plaintiff. If this is not done by the defendants, the court can decide whether to continue in their absence and declare them to be ex-parte and even decide in favour of the plaintiff. -
3
Discovery
If the defendants decide to participate in the proceedings, the next phase of the suit will be the discovery. This is where evidence, statements and witnesses are produced in court for the trial to officially begin. All necessities of trial will be filed and can be demanded further form the court like interrogations of the parties involved. -
4
Settlement
Before the case is decided by the court, a settlement can take place in order for the plaintiff to take it back after making an offer. This is done by the attorneys on both sides that negotiate with the parties that they represent. If a settlement takes place, the court will no longer continue with the proceedings. If there is no breakthrough on the settlement, the court will continue with the trial and use its powers to order a judgment and decree in favour of either parties after taking into consideration all the evidence, statements and other legalities involved.
