File civil lawsuits

In addition to these instructions, the summons contains the trial date for this small claims matter. There are key differences between civil lawsuits and criminal cases. Any private party, including individuals, and other entities, which has suffered damages, can file a civil lawsuit. In a civil case, the burden of proof is less stringent than in a criminal case. The outcome of a civil case is usually an award of monetary damages, but may also be an order for the opposing party to perform a specified act, or to refrain from engaging in a specified act.

John enters into a contract with a lumberyard to receive a set amount of lumber at an agreed upon price. The lumberyard fails to deliver the lumber to John, and he ends up having to purchase it from another company at a higher price. At trial, the court rules in favor of John, ordering the lumberyard to reimburse John the full amount he paid them, as well as the price difference between the lumberyard and the new supplier.

The purpose of a criminal case is not to see that a victim is compensated for wrongs committed by the accused, but to seek justice and punishment for the criminal.

The outcome of a successful criminal case may include fines, restitution , probation , or imprisonment. It is possible that an individual facing criminal charges may also be subject to a civil lawsuit filed by the victim or his family over the same acts.

Mary gets behind the wheel of her car to drive home after party in which everyone was drinking heavily. Mary is immediately arrested for suspicion of driving under the influence of alcohol or other substances. Mary takes a plea bargain in which she pled guilty, and was sentenced to 18 months in prison , her license is suspended for two years, and she is ordered to attend an alcohol treatment program.

The driver of the other vehicle files a civil lawsuit against Mary, seeking payment for medical bills, as well as for time off at work while her injuries healed, the amount needed to repair her car.

So that witnesses speak from their own knowledge and do not change their story based on what they hear another witness say, they are kept out of the courtroom until they testify. A court reporter keeps a record of the trial proceedings, and a deputy clerk of court keeps a record of each person who testifies and any documents, photographs, or other items introduced into evidence. Generally, the judge either overrules or sustains — allows — the objection. If the objection is sustained, the witness does not answer the question, and the attorney must move on to his next question.

The court reporter records the objections so that a court of appeals can review the arguments later if necessary. After evidence is heard, each side gives a closing argument. Then, prepare a complaint for the appropriate court that shows the grounds for your lawsuit. Take two copies of that complaint and a filing fee to the court where you are filing the lawsuit. To learn more from our Civil Litigator co-author, like how you can settle your case before going to trial, keep reading the article!

Did this summary help you? Yes No. Log in Social login does not work in incognito and private browsers. Please log in with your username or email to continue. No account yet? Create an account. Edit this Article. We use cookies to make wikiHow great. By using our site, you agree to our cookie policy. Cookie Settings. Learn why people trust wikiHow. Download Article Explore this Article parts. Related Articles. Article Summary. Co-authored by Clinton M. Part 1. Resolve your issue without court intervention.

Usually, people do not want to go to court, therefore, many people attempt to resolve any disputes they have with each other outside of court. Even if someone has wronged you, it may be better to try and work it out with them before filing a lawsuit. For example, if someone owes you money, you should ask the person for the money repeatedly before suing them for it and consider setting up a payment plan with them if they are having financial difficulty.

If the payment plan works out, you will likely get the money that is owed to you must faster than if you sued for it.

Lawsuits can be time-consuming and very expensive to get involved in, so you should try anything you can to work out your issue, and only file a lawsuit as a last resort. Establish that you can file a lawsuit. These provisions mandate that you cannot sue the companies because you instead must resolve any dispute through one of the out-of-court dispute resolution methods.

Therefore, if you have signed a contract that has a mandatory Alternative Dispute Resolution clause, you will not be able to bring a lawsuit. Verify that you have a valid legal claim. If you do not have a valid legal claim, any lawsuit you bring will be dismissed by the court, and you will have wasted time and money. Similarly, if you are involved in a car accident with someone, but you were not injured and your car was not damaged, you will not have a valid claim because you do not have any damages, even if you know that the accident was not your fault.

Consider the strength of your evidence. Even if you do have a valid legal claim, you should assess the strength of your case before you file a lawsuit. For example, if you need witnesses, were any present, and will they be able to testify at trial? If you need papers or documents to support your claim, do you have them, or can you get them before the trial? Whether your opponent has a convincing story: you should consider whether or not your opponent has a convincing story that conflicts with yours.

If so, you should consider how you will convince the court that your story is better. Whether you can prove the legal elements: you need to know the elements or facts that you legally must prove to win your case. However, if money is no object, you may want to consider a lawsuit anyway in order to get validation that your opponent was wrong. Who could be responsible: before filing a lawsuit, you should think of all of the possible parties that could be legally responsible for your harm.

For example, if you were involved in an accident with a truck driver, you may consider suing not only the truck driver who struck you, but also his employer, if he was working at the time of the accident. All states have their own time limits depending on the type of case. For example, one state may allow a plaintiff who wants to file a personal injury suit 1 year from the date of the injury, while another state may allow 4 years from the date of the injury. As a good rule of thumb, you will be okay if you file your lawsuit within a year from the date of the harm, no matter what type of claim you have or what state you live in.

Part 2. Hire an attorney. For instance, what if the driver of the car does NOT own the car and was just borrowing it? So, in this example, you would file your lawsuit against 2 people, the driver and the owner. If you slip and fall in a store, you need to find out if the store belongs to a chain which means you would have to sue the chain or if it is just that 1 store.

And then you would need to figure out who owns the store. You cannot just sue the manager of the store, since he or she is probably just an employee. You have to find the owner or owners of the store, and it is possible that the owner of the store is another business. If, when fixing something on the sidewalk, workers accidentally damage your car, you need to figure out who the workers work for.

If they work for a department in your city government, you would have to sue the city. And you would need to file a government claim first. Click for more information on government claims.

If they work for a private company that the city contracts with, you may have to sue the private company AND the city. Suing a person When you sue a person, you file your lawsuit against that person, using their legal name and any aliases.

Suing a business If you are suing a business, you need to figure out what kind of business it is. There are 3 main types of businesses: A sole proprietorship or partnership; A corporation; A limited partnership. The fictitious business name is the name of the business. The fictitious business statement lists the names and addresses of the owners of businesses operating under a name different from the owners. Look for business' "fictitious business name statement. Give them the name of the company.

Ask for the following information: Full name and address of the limited partnership; Name and address of the general or managing partner; and Name and address of the agent for service of process.