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INSIDE A U.S CIVIL LAWSUIT

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Written By : Alifah Kahillah Almaira & Naufal Raka Linthra

From Complaint to Judgment
 
What really happens behind the scenes of a lawsuit?
It all starts with a disagreement. When two parties can’t resolve it, they hire lawyers to advocate on their behalf. But, many businesses and people are unfamiliar with the process of civil lawsuits, because.. real civil trials aren’t like what you see in movies.
In this post, we’ll break down the journey of a civil case, step by step.
 

  1. Filing of the Complaint
A case begins when the plaintiff (the person who is suing) files a document called complaint. Law Dictionary defines a complaint as “The initial pleading in an action formally setting forth the facts and reasons on which the demand for relief is based”. In other words, the complaint explains who the parties are, what the dispute is, and what the plaintiff demands. Filing the complaint officially starts the lawsuit which also lets the court and the defendant know that a claim is being made.
 
Shortened version:
A case begins when the plaintiff (the person who is suing) files a complaint, a document that explains who is involved, what happened, and what the plaintiff demands. This officially starts the case, notifies the court and the defendant that a claim is being made.
 
  1. Administrative Review
After the complaint is filed, the court performs an administrative review on the complaint to ensure everything was in order, such as the case was filed in the appropriate court with the right jurisdiction, the plaintiff's claims seem to be based on law, all required details are included, and filing fees are covered. If something is missing or incorrect, the court may ask the plaintiff to fix it such as to add required information. Once the complaint passes this review, the court officially registers the case and it can move forward.
 
Shortened version:
The court checks the complaint to ensure it was filed in the right courts and includes all required details and fees. If something is missing or incorrect, the court asks the plaintiff to fix it. Once the complaint is approved, the case is officially registered and can move forward.
 
  1. Scheduling of the Hearing
After the case is accepted, the court schedules for the first hearing, which is the first court session before a judge. The court also sends the defendant an official summons (a form prepared by the plaintiff and issued by a court) notifying them of the lawsuit and when to appear in court. The law requires that the defendant be given notice several days before the hearing date so they have time to prepare. If a defendant is properly summoned but fails to appear in court, the court may proceed and could even decide the case in favor of a plaintiff by default (called a default judgment).
 
Shortened version:
The court schedules for the first hearing and sends the defendant a notice (summons) about the lawsuit. The defendant must have advance notice to prepare. If a defendant is properly notified but doesn't show up, the court may proceed and may rule in plaintiff’s favor by default.
 
  1. Mediation
When the parties first appear in court, the judge often pauses the court process and asks them to try mediation (a process in which a neutral third party known as the mediator helps the plaintiff and defendant try to reach a voluntary resolution of their dispute through guided negotiation). Unlike a judge who makes a judgment or decision on the case. The mediator's role is to help both parties communicate and find possible agreement. Since a successful mediation can save the time and money linked with trial, many courts demand this sincere attempt to reach a settlement early on. If both parties settle the matter in mediation, their agreement can be recorded in a court order and the lawsuit ends here. But, if mediation fails and no agreement is reached, the case is returned to the court and progress to the next step.
 
Shortened version:
At the first hearing, the judge often suggests mediation. A mediator (a neutral facilitator) helps both parties to try to reach an agreement. If they agree, the agreement is recorded and the case ends here. If they don’t, the case is returned to the court and continues.
 
  1. Reading of the Complaint
After a failed mediation, the case proceeds to the courtroom and begins with the reading of the complaint, also known as the plaintiff’s opening statement. In this step, the plaintiff formally presents their claims, either by reading the complaint aloud or summarizing the key points on record. This makes sure the judge, the defendant, and anyone present clearly understand what the case is about and what the plaintiff's demands are. Essentially, it’s the plaintiff’s chance to lay out the case from their perspective before the trial fully begins.

Shortened version:
If the mediation fails, the plaintiff starts the trial by summarizing the complaint. This tells the judge, the defendant, and anyone present what the dispute is about and what the plaintiff's demands are.

  1. Defendant’s Answer
After the complaint is read, the defendant must respond by filing an answer. As defined in Law Dictionary, an answer is a written statement where the defendant replies to each allegation in the complaint. They may admit, deny, or explain the claims, and can also raise defenses or provide their own version of events. Sometimes, the answer includes a counterclaim, where the defendant argues the plaintiff caused harm instead. By filing an answer, the defendant officially joins the dispute, putting both sides' positions on record. With this step complete, the case is ready to move into later stages like evidence gathering and eventually the trial
 
Shortened version:
Next, the defendant files an answer. In this written response, the defendant addresses each complaint, admitting or denying them by explaining their side of the story. The defendant can also  raise a counterclaim (arguing that the plaintiff is at fault). Filing an answer makes the defendant’s position official.
 
  1. Replication & Rejoinder
Replication is the plaintiff’s reply to the defendant’s written statement. It is used to address new matters or defences raised by the defendant in their response. Replication aims to clarify the defendant’s written statement, addressing specific denials or defences. They allow plaintiffs to reassert or prove their original claims in response to the defendant's counterarguments. On the other hand, rejoinder is a document filed by the defendant after the plaintiff’s replication. It is used to counter any new arguments introduced in the replication. Rejoinders provide the defendant an opportunity to respond to the plaintiff’s replication. They challenge new facts, arguments, or evidence presented by the plaintiff, ensuring the defendant’s perspective is considered in the case.
 
Shortened version:
The plaintiff replies to the Defendant’s answer with a replication, addressing new points or defenses. The defendant may reply with a rejoinder, responding to arguments raised in the replication.
 
 
  1. Presentation of Evidence
In the realm of civil court cases, evidence plays a pivotal role in establishing the facts and supporting legal claims. In this crucial phase, both sides bring proof to support their case. They may bring documents, witnesses, or experts to testify. Witness testimony is statements from people who saw or know something important related to the case, while expert opinion is professional explanation to help the judge understand technical matters.
 
Shortened version:
Both parties present evidence such as documents, witnesses, and expert testimony—to prove their claims. Witnesses share what they know; experts explain technical issues to the judge.
 
 
  1. Closing Statements
Legally referred to as Closing Arguments or Conclusion – this stage is not about presenting new evidence, but about wrapping everything up. Both the plaintiff and the defendant summarize their side of the case, highlight their strongest points, explain how the evidence supports their argument, and try to persuade the judge to rule in their favor. This is where everything comes together before the judge takes time to consider the final decision.
 
Shortened version:
This stage isn’t about presenting new evidence, but about wrapping everything up. Both sides give closing arguments, summing up their case, highlighting evidence, and trying to convince the judge or jury to rule in their favor.
 
  1. Judgment
Defined by Black’s Law Dictionary as the court’s final decision that resolves a legal dispute, determining the rights and obligations of the parties involved. In a bench trial, where there is no jury, the judge alone issues both verdict and the judgment. In a jury trial, the jury delivers a verdict, which the judge then formalizes into a judgment. At this stage, the courtroom may grow silent, but the implications of the judgment often extend far beyond the trial itself.
 
Shortened version:
The judge (or jury) gives the final decision. In a bench trial, the judge decides. In a jury trial, the jury gives the verdict, and the judge issues the judgment based on it.
 
 
  1. Legal Remedies
Legal remedies in civil law refer to the means through which a court enforces a right, imposes a penalty, or makes an order to benefit a party seeking relief. Generally, legal remedies are divided into two primary categories:
  1. Monetary damages – this legal remedy provides financial compensation to the injured party, reflecting the loss they have suffered due to another’s actions.
  2. Equitable remedies - on the other hand, this kind of remedy involves non-monetary solutions, such as injunctions or specific performance, mandated by the court to ensure fairness and justice.
 
The choice of remedy depends on the nature of the case and the kind of relief that addresses the harm.
 
Shortened version:
A legal remedy is a court-ordered solution provided to the winning party to address harm caused by the losing party.
The court may grant:
• Monetary damages – financial compensation for harm
• Equitable remedies – non-monetary actions like injunctions or specific performance, to ensure fairness.
 
Closing slide : Important Considerations
  1. Burden of Proof
In civil litigation, the Burden of Proof refers to the obligations a party has to prove their case. In most civil cases, the plaintiff bears the initial burden to prove their claims by a preponderance of the evidence – this means: more likely than not, typically understood as tipping the scales just over 50%. If the plaintiff successfully meets this burden, the defendant may then bear the burden to introduce evidence in defense or rebuttal.
 
Shortened version:
Burden of Proof refers to the obligations a party has to prove their case. The plaintiff must prove their case by a preponderance of the evidence (more likely than not, just over 50%). The defendant may respond with evidence in rebuttal.
 
 
  1. Rules of Evidence
Every piece of information submitted in court must follow established Rules of Evidence, which ensure that the proceedings are fair, accurate, and legally sound. These rules determine:
1.  What kinds of evidence are admissible (e.g., testimony, documents, digital records).
2. How evidence must be introduced (e.g., through sworn witnesses or certified documents)
3. Whether certain types of evidence are excluded (e.g., hearsay, irrelevant, or prejudicial information)
 
The rules aim to prevent the trial from being influenced by unreliable or misleading evidence.
 
Shortened version:
Every piece of information submitted in court must follow established Rules of Evidence.
All evidence must follow:
• Must be relevant and admissible
• Introduced correctly (e.g., sworn witnesses)
• Excludes hearsay, prejudice, or irrelevant info
 
  1. Settlement
The overwhelming majority of civil cases are resolved prior to trial, either through judicial order or through a settlement between the parties. A settlement is a voluntary agreement between the parties to resolve the matter privately, often with the help of attorneys or a mediator. Settlements typically involve one party agreeing to pay compensation, change of behavior, or accept a compromise while the other party agrees to drop the case. In fact, fewer than 3% of civil cases reach a trial verdict. Why is this the case? The answer is simple, civil cases can be time-consuming, costly, and emotionally draining. One major advantage of settlement is that it helps avoid the uncertainty, financial burden, and stress associated with a full trial. 
 
Shortened version:
Most cases settle before trial. Settlement means both parties agree to resolve the case privately — often to avoid the time, cost, and stress of full trial. Less than 3% reach a final verdict.


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