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Civil Process

Civil procedure refers to the rules that govern civil litigation and proceedings. If parties cannot come to an agreement through negotiation or alternative dispute resolution, a lawsuit may be filed. Before a lawsuit begins, parties conduct investigations and pre-suit negotiations with their attorneys. If negotiations fail, the lawsuit process involves formally filing a complaint, serving the defendant, conducting discovery, and potentially proceeding to a trial. After a judgment is made, either party may appeal following procedural rules. The rules aim to provide a fair and orderly process for resolving civil disputes in court.

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Sophia Krivoshey
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61 views

Civil Process

Civil procedure refers to the rules that govern civil litigation and proceedings. If parties cannot come to an agreement through negotiation or alternative dispute resolution, a lawsuit may be filed. Before a lawsuit begins, parties conduct investigations and pre-suit negotiations with their attorneys. If negotiations fail, the lawsuit process involves formally filing a complaint, serving the defendant, conducting discovery, and potentially proceeding to a trial. After a judgment is made, either party may appeal following procedural rules. The rules aim to provide a fair and orderly process for resolving civil disputes in court.

Uploaded by

Sophia Krivoshey
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Text 2.

CIVIL PROCESS
Part 1
The definition of civil procedure. Civil procedure refers to that body of law (usually in
the form of collective and published rules) that concerns itself with the methods,
procedures, and practices used in civil proceedings. Civil proceedings are distinguished
from criminal or administrative proceedings, which are governed by their own respective
rules of procedure. Litigation is usually settled between the parties before going to court.
However, if the parties can’t come to an agreement, they might need to litigate in court, which
could be time consuming and costly. Litigation involves the process that occurs before, during, and
after the actual lawsuit. This could include negotiation stages, alternative dispute resolution, the
discovery process, and potential appeals after a determination is made.
Civil courts’ power and authority of law. Courts have the power and authority of law to dismiss
lawsuits and/or deny remedies if procedural rules are not followed.
A court’s general authority to hear and/or “adjudicate”a legal matter is referred to as its
“jurisdiction”. In the United States, jurisdiction is granted to a court or court system by statute or
by constitution. A legal decision made by a court that does not have proper jurisdiction is deemed
void and non-binding upon the litigants.
Venue refers to the geographic location of the court in which to bring an action. Most court
systems (federal and state) have statutes that dictate the particular district, county or city in which a
court with jurisdiction may hear a case. Usually, venue is premised on where a defendant resides or
does business, where the wrongful act occurred, or alternatively, where a plaintiff resides. It is
possible to motion a court for a “change of venue”.
Parties in a civil lawsuit. In almost every civil lawsuit, there will be a prevailing (winning) party
and a defeated (losing) party. Judgment against the losing party (whether it is the person who filed
the claim or the person against whom the claim was made) generally means he or she will be
adversely affected.
In civil procedure, the prosecuting party (the one filing a complaint or lawsuit or petition) is referred to
as a ‘‘plaintiff’’ or ‘‘petitioner’’ or ‘‘complainant’’ (depending upon the court and the nature of the
matter), while the opposing party is referred to as a ‘‘defendant’’ or ‘‘respondent’’. Any person may
file a lawsuit under his or her own name, but the person must have ‘‘legal capacity’’ to sue (the legal
competency to stand before the court). Several parties may be joined in an action, as coplaintiffs or co-
defendants. Under FRCP 23 (Federal Rules of Civil Procedure) and most state rules, multiple plaintiffs
who have suffered harm as a result of the actions of a common defendant may be joined together in one
lawsuit called a ‘‘class action.’’ Under such a suit, only a few plaintiffs will be named in the action, but
they will represent all plaintiffs within the certified ‘‘class’’.

Text 2. CIVIL PROCESS


Part 2
Steps before the lawsuit begins.
Pre-Suit Litigation Activities. Before the legal suit begins, attorneys will be hired by both parties
who will assist throughout the litigation process. During the pre-suit litigation stage, an attorney
might draft a demand letter on the client’s behalf to the other party. It will demand to correct the
issue at hand, e.g. with delivering a service, product, or making payment.
Investigation Phase. The investigation phase, usually referred to as the discovery phase, is the
first step in the formal litigation process. The parties, with the assistance from the attorneys, will
conduct extensive investigations into the facts and issues of the dispute.
Pre-Suit Negotiation. This phase will involve negotiations between the parties done in person
with all parties and attorneys involved. This will be done not in court, but in a mutually convenient
setting for all parties. This phase will also include alternative dispute resolution, a method used
to try to find a solution without going to court.
It involves one of three methods: 1. Facilitation 2. Mediation 3. Arbitration. Facilitation in law is a
method that uses various techniques to enhance the information that is available during a
negotiation, so that parties are better able to reach a mutually acceptable agreement. Judicial
mediation is an opportunity to meet with a judge who will assist the parties in trying to resolve their
dispute.Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to
one or more arbitrators who make a legally binding decision on the dispute that can be appealed
by the losing party.
Steps during the lawsuit.
The lawsuit will involve a formal filing of the complaint with the appropriate court. Thereafter, the
defendant will be served with the complaint and be required to answer the complaint. When the
parties can’t come to an agreement, a lawsuit must be commenced.
1. Commencement of an Action. It must be commenced within the limitation period provided by
law. Lawsuits not filed within the period of the applicable statute of limitations will be dismissed.
Under many state jurisdictions, an action commences when a complaint is filed. However, many
states do not consider the action to have commenced until service of process has been made upon
the defendant. Service of process may be made by personal service of the complaint and summons
upon the defendant; constructive service by notice or publication, etc.
2. Pleadings. Pleadings are written formal allegations in support of either a claim or a defense,
presented for the court’s consideration and judgment. Under FRPC 7, pleadings are limited to a
complaint and an answer, a reply (to a counterclaim), an answer to a crossclaim, etc.
3. Pre-trial Procedure. Following the filing of all initial pleadings, there begins a period of
‘‘discovery’’ which enables each party to learn of evidence held by opposing or other parties to the
pending action. Discovery is accomplished by means of subpoenas; requests for inspection of
documents, photographs, recordings, or other items of evidence; the taking of testimony of
witnesses (usually by deposition); written interrogatories (questions that must be answered under
oath); and often, visitation to sites, premises, or geographic locations relevant to the case. Also
during the pre-trial period, various ‘‘motions’’ may be filed with the court, requesting that the
court grant an order on some matter related to the progress of the case.
4. Trial. At the close of discovery, parties are encouraged to review evidence and attempt to settle the
case. If no viable settlement results, the case will move on to the trial stage. Appeal. In both federal and
state courts, a party may appeal only final orders, decisions, or judgments. After the entry of a final
order, decision, or judgment, there are strict procedural deadlines as to the number of days within which
an appeal must be filed. An order of a court will not be reversed unless the appellant can show that either
the order was clearly contrary to law or that the judge abused his or her discretion

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