Procedure and Case Progress in Civil Courts

Civil courts hear cases which involve “civil actions” brought against a defendant by a plaintiff claiming damages and seeking equitable remedies. Unlike criminal cases, these cases do not consider the defendant’s alleged actions a threat to society’s safety. Parties involved in civil cases may include individuals, businesses, non-profit organizations and even government bodies or agencies. Examples of these cases include divorces, small claims, probate, contract disputes, adoption and domestic relations.

Rules of Procedure

Civil procedure in any state or federal court is guided by rules established by a combination of constitutional provisions, statutes and case law. These rules outline the rights of the parties involved and the progression of a case; however, they will often vary between jurisdictions and even courts within the same jurisdiction. If a litigant is not aware of these rules in the respective court, they risk having the case dismissed or later having the final decision overturned by a higher court.

Historically, the Conformity Act of 1872 required federal courts to adhere to the state civil procedure where they were located. However, confusion arose when cases where increasingly brought to court between two parties from different states, and some states began to change their pleading processes. Thus, the Federal Rules of Civil Procedure were adopted in 1938, and today most state civil courts utilize them within their own systems with modifications to account for the several different types of cases dealt with locally.

Progression of Civil Suits

Many civil actions are settled out of court, but those which are not follow a similar general progression in actions and occurrences. Following is a general outline of the process of a civil action:

• The plaintiff files a civil complaint with the appropriate court. This statement includes the legal basis of the complaint and any damages or relief requested from the court.
• A summons is served to the defendant, accompanied by a copy of the complaint. The defendant is given a specific time period to respond to the complaint, and may admit to the allegations, deny them or plead a lack of sufficient information to do either. They may also simply file a motion to dismiss the complaint.
• Any counterclaims may be entered into the record after the plaintiff receives a response from the defendant.
• During the pre-trial period, evidence and statements are gathered by both sides to complete what is called “discovery.” If the case is to be decided by a jury, the jury is also selected during this time.
• The trial ensues and the jury or judge will enter a judgment or ruling on the case. This may include liens being issued, garnishment of bank funds or wages, or other orders to compensate the plaintiff if the court finds in favor of them. The court then has the authority and power to enforce the ruling.
• If either party is unhappy with the final judgment, they may appeal to a higher court.
   

Information on Specific Types of Civil Courts:

Bankruptcy Court

Family Court

Probate Court

Traffic Court

Claims Court