Civil Court Fact Sheets
Most civil cases are resolved before they go to trial. Those that don't settle, however, follow a procedure that is close to the criminal trial process, but with a few significant differences. For example, the verdict is neither guilty nor not guilty, and the judgment usually involves financial restitution.
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Function
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Civil courts exist to resolve disputes raised by individuals or groups or business entities. The dispute can be with other people, businesses or institutions. If not settled, a trial will determine if the defendant is at fault and must make restitution to the plaintiff. Usually restitution is a monetary award but can also include actions taken on the part of the defendant. For instance, in allegations involving wrongful termination the plaintiff can be reinstated to his job.
Pre-trial
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Civil cases begin when the plaintiff files a complaint. The complaint states the plaintiff's position, the legal matter in question and the desired award. The plaintiff will also file a request for a summons to be delivered to the defendant. The summons is notification to the defendant that a suit has been filed. The defendant then files an answer in response to the allegations. After the defendant responds, either party may file a reply which in response to new information. The defendant may also file a counterclaim and bring a suit against the plaintiff.
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Burden of Proof
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If a settlement is not reached during the pre-trial proceedings, a trial is scheduled. The judge is the trier of fact in most civil cases. Cases heard before a jury often include six jurors. The burden of proof rests on the plaintiff. Unlike criminal trials, where the state must prove guilt beyond a reasonable doubt, in a civil trial the plaintiff must prove his case via a preponderance of the evidence, which is an easier standard to meet.
Trial Procedure
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Trial rules are set by each state, or by the U.S. government in federal court cases. Generally, the rules of evidence in civil cases are less strict than in criminal matters.
The plaintiff's opening statements, evidence, and witness testimony will attempt to prove his case. The defendant will present evidence intended to disprove the plaintiff's charges. After the evidence phase each side will generally give closing arguments. The defense may forgo a closing statement, but if he gives one the plaintiff has a chance to respond.
Verdict
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In civil cases the trier of fact will find for either the plaintiff or defendant. If the plaintiff prevails the trier of fact will award damages.
Post-judgment
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Post-trial motions in jury cases may include a motion for judgment notwithstanding the verdict, where the losing party asks the judge to overturn the jury's decision. A motion for a new trial may state that errors were made by the judge, necessitating a new trial. Appeals can generally be taken to a higher court.
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References
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