Definition of a Civil Court Case

A civil court handles noncriminal cases.

A civil court deals with noncriminal legal cases between private individuals, companies or other organizations. In a civil case, a plaintiff sues someone for damages allegedly caused by the defendant's action or inaction; the plaintiff normally seeks monetary compensation but sometimes seeks another kind of relief. The civil court case may be heard by a jury or by a judge alone.

Types

One person can sue another in the civil court

There are many subcategories within the term "civil court." Civil courts include family courts dealing with divorce, child support and custody matters, and probate courts which handle estate and trust disputes. Other civil courts are landlord-and-tenant courts and small-claims courts. Landlord-and-tenant courts commonly hear eviction disputes. The small-claims court is where a person can sue another to retrieve a relatively small amount of money he believes is due to him.

Possible Outcomes

A successful plaintiff may be awarded substantial monetary damages in the civil court .

The plaintiff in a civil case (the party suing another party) might be seeking damages from the defendant (the person or entity being sued). Monetary damages are the usual kind of relief sought. Other desired outcomes could be that the defendant cease doing something or take specific steps to do something. For example, in the landlord-and-tenant court, the landlord may be trying to evict the tenant due to his unreasonable behavior. This is known as "equitable relief."

Procedure

An attorney represents a party in a civil court case

In a civil case, the process is started by the plaintiff, who files a summons and a complaint. This is served on the defendant and provides him with notification of the impending lawsuit, details of the allegations against him, and what damages the plaintiff is seeking. The defendant then has a specified time period in which to file a response. Different states have different options as to what type of response can be filed, and it is often necessary or advisable to consult an attorney at this stage.

Phases

The verdict is the final stage in a civil court case

There are six main phases in a civil court case: jury selection (if the case requires a jury); opening statements; witness testimony and cross-examination; closing arguments; jury instruction by the judge (if applicable); deliberation and verdict. A civil court case may not always focus on the allegations made by the plaintiff and the liability of the defendant. In a family court, for example, both parties may make allegations against the other and the trial judge may rule in favor of one party on one issue and the other party on another.

Settlement

Settling out of court can be cheaper and less stressful than a trial.

On many occasions, the attorneys will reach an agreement before the case reaches trial (and in some cases before a lawsuit is even filed). When this happens, both parties will sign a settlement agreement detailing what they are required to do, or not do, to successfully settle the matter out of court. Naturally, this saves both parties a great deal of time and money. Alternative outcomes are arbitration, mediation or dismissal of the case.

References

• US Courts: The Federal Judiciary; Federal Rulemaking
• FreeAdvice: Small Claims Court Links to Each State