Civil Court Procedure Civil Criminal Law The 6

Civil Court Procedure Civil & Criminal Law

The 6 steps of the Civil Court Procedure • 1 – Plaintiff files a complaint • 2? • 3? • 4? • 5? • 6? • Collaborate with your group to determine steps 2 -6 in the criminal court process • 5 -10 mins

Civil Case Procedure • Plaintiff: the person who files a lawsuit • Defendant: person being sued • Most civil cases are settled outside of court

Civil Case Procedure-Step 1 • Plaintiff’s Attorney files a complaint • The complaint states the wrong that the plaintiff says the defendant committed and how the plaintiff was harmed • A complaint may ask the court to order the defendant to pay the plaintiff a sum of money, called damages, for the loss • It may also ask the court to order the defendant to take a certain action, such as honoring a contract

Civil Case Procedure-Step 2 • Court sends a summons to the defendant • Summons: document that tells the defendant that he or she is being sued and when and where they need to appear in court

Civil Case Procedure: -Step 3 • Defendant’s attorney files a written answer

Civil Case Procedure-Step 4 • Attorneys for both sides exchange pleading documents • Discovery: lawyers for both sides gather evidence, check the facts, question possible witnesses

Civil Case Procedure-Step 5 • Attorneys for plaintiff and defendant argue cases in court • Most often a judge will decide the case, however either side can ask for a jury to hear the case and decide who wins • The plaintiff presents his/her evidence first, then the defendant • Lawyers for each side can question witnesses • After the case has been presented, the lawyers summarize their case

Civil Case Procedure-Step 6 • Court gives a verdict • If the defendant wins, the plaintiff gets nothing and may have to pay the court costs • If the plaintiff wins and damages are involved, the judge or jury sets the amount of damages the defendant must pay • Sometimes, the jury or judge may award the plaintiff punitive damages • Punitive damages: additional money paid to the plaintiff to punish the defendant for bad conduct

Appeals & Other Actions • The loser has the right to appeal the case to a higher court