Civil Cases Lawyers

A federal civil case involves a legal dispute between two or more parties. A civil action is initiated when a party files a complaint. A filing fee required by the statute must be paid. But if you cannot pay the fee you can submit an application to proceed to either pay the full court filing fee or If the application is approved, the fee is waived.

 

The Process

 

If you want to start a civil lawsuit in federal court, if you are the plaintiff you must file a complaint with the court and then give a copy of the complaint to the other party. Your complaint should describe the other party’s injuries or damages, in a brief statement explaining how the defendant caused the damage, you must show that the court has jurisdiction and ask the court to order the repair. As a plaintiff you can seek money to compensate for the damage caused, or you can ask the court to order the other party to stop the conduct that is causing the damage.

 

Preparation of the case

 

It could be that there is a “discovery” by which the litigants must provide each other with information about the case, for example the identity of the witnesses and copies of any document related to the case. The reason for carrying out the discovery is to be prepared for the trial by requiring the parties to gather their evidence and be prepared to call witnesses. Both the plaintiff and the defendant can also file motions, or “motions,” with the court seeking rulings on the discovery of evidence, or on the procedures to be followed in the trial. The discovery may include a deposition, which will require a witness to answer questions about the case before trial. This witness must answer under oath, to the lawyer’s questions, and a court reporter, who produces a word-by-word account called a transcript.

 

Settlement Differences

 

The judges encourage the parties to try to reach an agreement to resolve their dispute; Through mediation, arbitration and other types of alternative dispute resolution. In this way, the parties reach an “agreement”. Otherwise, the court will schedule a trial. Depending on the case, either party is entitled under the Constitution to request a jury trial. Otherwise a judge without a jury will hear the case.

 

Test Process

 

According to the evidence, the judge determines the information that can be presented in court. In order for witnesses to not change their story based on what they heard another witness say, they must wait outside the courtroom until they testify. A court reporter keeps a record of the trial procedures, and a court clerk keeps a record of each person who testifies and any document, photograph or other item presented as evidence.

 

Closing

 

After reviewing the evidence and listening to the parties, each litigant gives a final argument. If it is a jury trial, the judge will explain the law that is relevant to the case and the decisions that the jury must make.

If the case is tried before a judge without a jury, the judge will decide or order some kind of relief from the prevailing party.