Civil Procedure

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Civil procedure is the body of rules that govern how courts conduct civil cases.

• vary from jurisdiction to jurisdiction

General Process

1. A civil action begins when the plaintiff files a complaint with a court
   • plaintiff states how he or she was injured and asks the court to make him or her whole
   • complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.”
   • must show that the court has jurisdiction to hear the case
   • must specify the relief demanded
   • must file a complaint within a certain period after the claimed injury
     • called the statute of limitations
     • for most tort actions is 2 years
   • Service of process refers to the procedure that delivers the complaint and a summons to the defendant
     • makes the defendant aware that the plaintiff has filed a lawsuit
     • delivered physically to the defendant to assure the court that the defendant received proper notice
2. defendant must respond to the complaint after receiving it with an answer
   • are time limits that a defendant must follow
   • in Federal Rules of Civil Procedure, must answer within 20 days
   • must respond to each claim in the plaintiff’s complaint
   • can admit to or deny the claims
   • can raise defenses to the plaintiff’s complaint
3. attorneys begin the discovery process
   • the period of the civil lawsuit where the parties share information with one another
   • are few affirmative disclosure rules in the civil discovery process
     • unlike criminal discovery process
   • must disclose their witnesses to one another
   • must provide each other with a list of documents that they have in their possession that are related to their claims and defenses
   • after general disclosures, each party has to ask for information
     • use various procedural rules
     • process can get very complicated
     • can get very expensive
     • defendant could ask the court to issue a protective order
       • requires the parties to keep certain information secret
       • helps protect trade secrets
4. parties either settle their lawsuits or proceed to trial
   • If a tort case goes to trial,
     • plaintiff must prove all the elements of his or her claim
     • prove the case through a preponderance of the evidence
       • lower standard of proof than in criminal cases
   • civil trial ends with the court or jury’s decision on the case
5. may appeal a ruling to a higher court