There are five major stages of every civil case, and they go in sequence. In this section, you will learn: The Complaint stage is where the person or persons using or bringing the lawsuit state their claim. The Answer stage is where the person or persons being sued and defending the lawsuit explain why they’re […]
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A lawsuit begins when one person files a complaint against another person. In this section, you will learn: Complaint & Summons The Complaint describes a set of actions taken by another person that cause a harm or injury. Every person sued must be notified by a Summons, which is delivered by a process server or
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A defendant files an answer to a complaint that has survived dismissal. In this lesson, you will learn: Answer & Defenses The Answer admits or denies the specific allegations in the Complaint. It may be accompanied by Affirmative Defenses that help avoid liability for the claims. It may also be accompanied by Counterclaims that mitigate
After the pleadings (complaint and answer) are closed, the parties collect the evidence on all sides of the case. In this section, you will learn: Discovery & Pre-Trial Discovery is used to gather information and to limit the issues to be tried. Instruments include: It is part of a larger Pre-trial period that may include
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A trial takes place when the evidence remains disputed at the end of discovery. In this section, you will learn: Trial At Trial, a judge or jury reviews evidence and determines the liability of one or more parties. A trial proceeds as follows: Definitions More Definitions Success at the Trial Stage A Trial is successful
A party can appeal a decision of the judge or jury to a higher court. In this section, you will learn: Appeal An Appeal seeks review of a trial court ruling in a higher court. A party petitions an appellate court by preserving and demonstrating a specific error made by the trial court, based on
