How Does a Civil Lawsuit Work?

A lot of people are confused on what a civil lawsuit is and wonder how does a civil lawsuit work. This article will break down the difference between civil and criminal, the two major branches of law, and what happens in a civil lawsuit.  

Key Takeaways

Civil vs. Criminal Cases

Civil court and criminal court are different. A civil lawsuit does not work the way a criminal lawsuit works. In a civil lawsuit, a private party brings a civil claim. In a criminal lawsuit, a district attorney files against an individual on behalf of the state or federal government.  

Burden of Proof

Civil court cases also have a different, lower burden of proof than criminal cases. The burden of proof in criminal cases is high, “beyond a reasonable doubt,” or 99.99%. In civil cases, the burden of proof is lower, “more likely than not,” or 51%. The burden of proof is different for these two types of cases because the penalties are different; in criminal cases, you lose your freedom, and civil cases only assess a financial penalty.  

How Do Civil Lawsuits Work? 

A civil lawsuit is started when someone files a complaint. In the complaint, the filing party lays out the basic facts as they understand them and then shows how the facts create legal claims against the defendant or defendants. The filing party, the plaintiff, asks the court for relief for the wrongs they allege the other party or parties committed against them. The point of asking the court for relief is that the plaintiff needs to be made “whole,” usually, in order to make the plaintiff whole, they require a financial award. 

Once a file-stamped copy of the complaint, along with a summons, is properly served on the defendants, the defendants will have a limited amount of time to file an answer, where they deny what the plaintiff alleges and offer affirmative defenses, and sometimes even counterclaims, where they allege that plaintiff committed a wrong against them. 

After the initial pleadings have been filed, discovery opens and the parties can serve discovery requests on one another and eventually conduct depositions. Discovery is the process where each side searches for facts and evidence to support their allegations or defendant against allegations made against them. In discovery each side can ask the other questions and request documents.  

There are usually hearings in between the filing of the complaint and a final judgment in the case. You can expect for there to be status and scheduling hearings, which tend to be short and are meant to check in on the case and set future dates. No testimony or evidence is exchanged at these hearings.  

There could also be motion hearings. In a civil lawsuit, there is typically some motion practice. Filing a motion with the court is one or both parties asking the court to do something for them. A motion is a request to the court. If the motion is contested by the non-moving side, the court will have a hearing on it. One example of a motion hearing would be if one side files a motion to dismiss. The other side will oppose that, and there will be a hearing on the issues prior to any final evidentiary trial. 

There is usually a pretrial conference where the court will require the parties to appear and let the court know if the trial is moving forward if the issues have been narrowed down, and if there is absolutely no chance of settlement. If the parties wish to move forward to trial, that is the next step of the civil lawsuit process. 

The final step is trial. The trial is where each side makes its arguments, supported by evidence and witness testimony. Trials can last anywhere form a day to a week, depending on the complexity of the issues and how much each side has to present. 

It may be what is called a bench trial, where a judge presides over the case and makes the decision. If it is a jury trial, which has to be requested, there will be the additional step (and cost and time) of conducting voir dire, where each side questions potential jurors and selects a jury.  

At the end of the trial, the judge or the jury will give their decision. In some cases, damages are addressed at a separate hearing.  

Different Ways A Civil Lawsuit Resolves

Settlement -this is the ideal resolution to any civil lawsuit. A settlement is reached between the parties and agreed upon in writing. The reason a settlement is an ideal resolution is that it is usually faster and less expensive than a full-blown lawsuit (which can go on for years), and the settlement agreement is reached between the parties, a judge or jury does not hand down a decision the parties have to abide by. 

Money Judgments- this is the most common result of a civil lawsuit. The court  or the jury will decide that one side is entitled to compensation. A money judgement is entered. It is important to note that even if a money judgment is entered, the winner will usually have to take extra steps to collect that money if it is even collectible.  

Injunctive Relief – sometimes, a party will ask to receive injunctive relief. An injunction can either be for the other party to do something or to stop doing something, depending on the circumstances. If the enjoined party fails to comply, they can be found in contempt.  

Declaratory Judgments – when one party asks for a declaratory judgment, they are asking that the court define what the legal relationship between parties is (for example, two parties in a disputed contract) and what the legal rights are of each party in that relationship.  

The resolution of the case does not have to be just one type of relief, a party can ask for several types of relief in a case, it just depends on the wrong alleged and what they think they need the court to do to make them “whole” again. 

Ideally, you will have an attorney to assist you and guide you through the civil lawsuit process. It is certainly a good idea to consult with an experienced attorney prior to filing a civil lawsuit so that you can have a good understanding of how things work in the judicial system.