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Civil Case Process

Civil cases go through several defined steps, including filing a complaint, serving the defendant, allowing for discovery between parties, holding pretrial motions and conferences, proceeding to trial where a judgment is entered, and potentially appealing or enforcing the judgment. First, a plaintiff files a complaint and the case is assigned a number. Next, the defendant must be served and can file an answer. The parties then conduct discovery before the case is assigned to a trial calendar. A pretrial conference is held before the case proceeds to trial and a judgment is entered to resolve the dispute. Losing parties can appeal the judgment to a higher court, and the prevailing plaintiff can seek to enforce the judgment if necessary.

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240 views2 pages

Civil Case Process

Civil cases go through several defined steps, including filing a complaint, serving the defendant, allowing for discovery between parties, holding pretrial motions and conferences, proceeding to trial where a judgment is entered, and potentially appealing or enforcing the judgment. First, a plaintiff files a complaint and the case is assigned a number. Next, the defendant must be served and can file an answer. The parties then conduct discovery before the case is assigned to a trial calendar. A pretrial conference is held before the case proceeds to trial and a judgment is entered to resolve the dispute. Losing parties can appeal the judgment to a higher court, and the prevailing plaintiff can seek to enforce the judgment if necessary.

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Tin Tin
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We take content rights seriously. If you suspect this is your content, claim it here.
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CIVIL CASE PROCESS

Cause of Action
x

Dispute between (among) parties, cause of action arises

Filing
x
x

Case (complaint) filed in Superior Court Clerk's office


Case number assigned by Clerk

Service
x

Service of summons and complaint upon defendant(s) by sheriff, constable, or


any individual 18 years of age or older who is not a party to the action

Answer
x
x

Defendant(s) must respond to complaint (file an answer) within 20 days of date of


service
If no answer filed within 20 days, plaintiff may obtain default judgment against
defendant for amount claimed in complaint

Discovery
x

Discovery process between (among) the parties, during the course of which various
motions, for example motions to compel production of documents, or motions for
more responsive answers, may be filed

Assignment to Trial Pool


x

Plaintiff or defendant files motion to assign case to the trial calendar

Motions (these may be filed at any time before entry of judgment and are in addition to
those outlined under "Discovery" above)
x

Motion for judgment as a matter of law may be deemed appropriate at any point in
the proceedings

Pretrial Conference
x

A pretrial conference may be conducted on the day before or the day of trial

TRIAL
Entry of Judgment
x
x

Case resolved either by agreement of the parties (stipulation enters) or by court


order or by jury verdict
Order entered by judge disposing of case

Appeal
x

Either or both sides may appeal the case to a higher court

Enforcement of Judgment (if necessary)


x

If defendant(s) do not comply as ordered, plaintiff may apply to court for


o Wage attachment
o Citation compelling defendant(s) to appear in court
o Body attachment may issue if defendant fails to appear


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