Civil litigation deals with disputes between individuals and between businesses. It is different from criminal cases where proof must be on a higher standard, “beyond a reasonable doubt”.
Thorough case preparation is the best way to ensure your rights are protected. This includes the pleading stage when you file your lawsuit and the discovery stage where parties exchange information.
The Complaint
A complaint is the first step in a civil lawsuit and is filed by the plaintiff. The complaint outlines the alleged facts of the case and states why the plaintiff is seeking a legal remedy. The complaint also requests specific legal relief, such as monetary damages.
The complaint must comply with all applicable laws and rules. If filing in a federal court, the complaint must meet all requirements of the Federal Rules of Civil Procedure. The specific district or court in which the action is brought may have its own local rules that must be followed, as well. For example, the Northern District of California has its own local rules that must be followed when filing a complaint.
When drafting a complaint, it is important to include the following elements:
Identifying information – includes name of the plaintiff and their address. The court caption must be on the top of the complaint, as well as the date filed and a reference to the relevant statute. Jurisdiction and venue – explains why the court has jurisdiction over the action and identifies the relevant district and court. Claim – contains all of the plaintiff’s legal claims against defendants. This will usually include a claim for negligence, statutory liability, breach of contract and/or other causes of action. Prayer for relief – describes the types of legal remedies that are requested, such as monetary compensation and/or other non-monetary relief.
After completing the complaint, the plaintiff must formally serve it on the defendant. This is done by a process called “service of process.” Once the service is complete, the defendant must create an official response to the complaint called an answer.
The answer is a written document that admits or denies each allegation of wrongdoing, and it may ask for more clarification of certain allegations. The defendant must also identify any defenses that they are raising to the complaint, including counterclaims and cross-complaints. The answer must also comply with any requirements of the relevant court rules and case law, such as that some claims must be plead with particularity. For example, if the complaint alleges medical malpractice, an answer must contain an affidavit from a recognized medical expert. This is to prevent a claim from being dismissed for lack of evidence. It is important to note that the answer should not be a vehicle for showing off writing skills, nor should it contain any over-the-top language or Latin phrases. It should be a concise, clear and unambiguous statement of fact and law. If you are unsure of how to write an effective answer, consider contacting a qualified attorney. They can help you craft a compelling argument for the court.
Pretrial
Once issues related to subject matter jurisdiction, personal jurisdiction and standing have been sorted out, the parties begin the pretrial stage of the case. This includes conferences and motions.
The plaintiff identifies themselves, their legal representation and the facts of the case in the complaint. The complaint also states the specific laws that the defendant violated and what relief is sought. Relief can include damages (money), specific performance in certain kinds of contract cases, or a temporary or permanent injunction. The defendants identify themselves, their legal representation and respond to the claims of the plaintiff in an answer to the complaint. Defendants can also assert affirmative defenses against the plaintiff’s claim.
Both sides gather information about the case during a phase called discovery. The two sides can use motions during this phase to compel or refuse the sharing of information, to halt the taking of depositions or to quash subpoenas. The two sides may also use pretrial motions to resolve the case without trial, such as a motion for summary judgment, where the judge determines some or all of the issues in the case without a trial based on a review of the undisputed facts.
After the parties have completed discovery, the court holds a conference, usually referred to as a case management conference. This is an opportunity for the judge and the parties to meet to discuss the case and set dates for the trial. Sometimes more than one pretrial conference is required in complex cases.
Civil litigation requires thorough preparation, and pretrial proceedings are designed to streamline the case for trial and to curtail costs for both parties. Civil Procedure Before Trial offers clear, concise explanations, practice tips and recent case-based illustrations that help you understand the steps involved in a civil case, from client intake to taking it to trial. This comprehensive guide is written by a civil litigation professor, a former law clerk and experienced litigators. Its step-by-step approach will help you master civil procedure quickly and effectively.