The Stages of a Civil Lawsuit Before Trial

THE PLEADINGS

A civil case proceeds quite differently before trial. A civil suit begins with the filing of a complaint in court. The person who files the complaint is called the plaintiff, and the person who is sued is called the defendant. For example, a person injured in an automobile accident is the plaintiff in a suit against the person driving the other car, the defendant, to recover money to pay for doctors' bills and car repairs. Occasionally, the terminology is different. IN divorce cases in California (actually called marriage dissolutions), the person filing for divorce is called the petitioner, and the other spouse is the respondent; the divorce proceeding is initiated by filing a petition for dissolution of the marriage.

After a civil suit is filed in court, the defendant must be served with a copy of the complaint and a subpoena to appear in court. the defendant then can move to have the case dismissed as lacking any legal basis or the defendant can answer the plaintiff's complaint. The answer is the defendant's opportunity to file a paper with the court responding to he complaint and asserting any claims that the defendant might have against the plaintiff.

DISCOVERY

In civil cases, each side has the opportunity before trial to obtain all of the evidence possessed by the other. This process is called discovery. A deposition is one type of discovery where the lawyer for one side. questions a witness, under oath, outside of court to hear that person's story.

In most civil cases, there is a pretrial conference where the attorneys, and sometimes the parties, appear before judge. A pretrial conference is an opportunity for discussion about settling the case without a trial and also a chance to resolve any issues that need to be decided before the trial.