An Overview Of Civil Lawsuits

If you were taking a legal action or a lawsuit for a wrongful act, it would be identified as either a "civil" or a "criminal" suit. Comparing these two forms, criminal actions, as it connotes, deal with certain violations of the criminal laws and highlights an individual's relationship with society, as a whole. On the other hand, civil lawsuits involve an individual, group or company's relationship with another individual, group or company.

While many of the criminal acts also involve civil actions, not all of the civil lawsuits involve acts of a criminal nature.

Various matters could be dealt with through civil actions. Here are several:

• Personal injury
- negligence
- auto accidents
- slip and fall
- premises liability
- product liability
- battery and assault
- emotional distress

• business/commercial disputes
- breach of contract
- fraud
- real estate litigation
- breach of real estate contract
- corporate and partnership dissolutions
- intellectual property rights

• labor and employment matters
- unfair labor practices
- wrongful termination
- discrimination

• jury and non-jury trials
• judicial arbitration
• theft / conversion
• trespass

Parties involved in a civil action

Plaintiff – the person, group or company initiating the civil lawsuit or the one who files the complaint with the court clerk

Defendant – the person, group or company who will defend itself from the civil action and must respond to the plaintiff's complaint, on a limited period prescribed by filing his/her answer to the court clerk

Real party in interest – the party which will directly be affected (either beneficial or not) by the conclusion of the civil case.

Other figures that may become involved:

- "Capacity of parties"
- "Substitution of parties"

Procedures involved in civil lawsuits

In civil actions, no two cases are alike. The procedures of dealing with such vary depending on the nature, and complexity of the evidentiary and legal issues involved. However, here is a very common framework of the steps in a filing a civil lawsuit:

1. Filing of complaint – every civil case begin when one party files and serves a "Summons and Complaint". The complaint identifies the "causes of action" or the reason for filing the complaint.

2. Service of complaint – this procedure involves the serving of complaint on defendant(s). The defendant(s) may sign an "Acknowledgment of Service" if he/she accepts the service. Otherwise, it will be served formally.

3. Response to Complaint – answer of defendant to the complaint served or issue a plead to challenge sufficiency of the plaintiff's complaint called "Demurrer" or "Motion to Strike"

4. Hearing of Challenges to the Sufficiency of Complaint – if the defendant filed a demurrer or a motion to strike, the motions given by the defendant must be heard and judged before the main issue of the civil action could proceed.

This process may take a period of 2 months and if sustained, the court would grant leave to plaintiff for amendment of Complaint. The plaintiff will have to draft a new complaint and the whole process starts over again.

5. Discovery – involves the presentation of necessary evidences for the prosecution of both sides in the case. Discovery motions would be applicable if one side refused or failed to comply with the discovery requests.

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