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Overview of A Civil Case

Civil cases involve disputes between private parties over money or personal rights. A civil case begins when the plaintiff files a complaint against the defendant, seeking damages, an injunction, or declaratory judgment. The case then proceeds through pleading, discovery, pre-trial, trial, and post-trial stages before a judgment is issued. Civil cases cover a wide range of issues including torts, contracts, equitable claims, and landlord-tenant disputes.

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119 views6 pages

Overview of A Civil Case

Civil cases involve disputes between private parties over money or personal rights. A civil case begins when the plaintiff files a complaint against the defendant, seeking damages, an injunction, or declaratory judgment. The case then proceeds through pleading, discovery, pre-trial, trial, and post-trial stages before a judgment is issued. Civil cases cover a wide range of issues including torts, contracts, equitable claims, and landlord-tenant disputes.

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Overview Of A Civil Case

Overview
Court cases that involve disputes between people or businesses over money or some
injury to personal rights are called “civil” cases.

A civil case usually begins when one person or business (called the "plaintiff") claims to
have been harmed by the actions of another person or business (called the "defendant").
The plaintiff starts a court case by filing a "complaint" (a document that outlines the
plaintiff’s facts and legal theories and makes a request for relief). In the complaint, the
plaintiff might:

 Ask the court for "damages," meaning money to pay the plaintiff for any harm suffered
 Ask for an "injunction," which is a court order to prevent the defendant from doing
something or to require the defendant to do something
 Ask for a "declaratory judgment," meaning a court order stating the parties' rights under a
contract or statute
Eventually, a judge or jury will determine the facts of the case (in other words, figure out
what really happened) and then apply the appropriate law to those facts. Based on their
analysis of the law and facts, the judge or jury will make a final “judgment” (sometimes
also called a "decision" or "order") and decide what legal consequences flow from the
parties' actions.

The parties also might resolve the case themselves. At any time during a case, the
parties can agree to settle their disputes and reach a compromise to avoid trial and the
risk of losing. Settlement often involves the payment of money and can be structured to
result in an enforceable judgment.

Types of Cases In Civil Court


Civil courts handle a wide variety of cases. Very broadly, civil cases may involve such
things as:

 Tort claims. A "tort" is a wrongful act (sometimes called a "tortious" act) that causes
injury to someone's person, property, reputation, or the like, for which the injured person
is entitled to payment. Cases involving personal injury, battery, negligence, defamation,
medical malpractice, fraud, and many others, are all examples.
 Breach of contract claims. A breach of contract case usually results from a person's
failure to perform some term of a contract, whether the contract is written or verbal,
without some legitimate legal excuse. Examples include lawsuits for not completing a
job, not paying in full or on time, failing to deliver goods sold or promised, and many
others.
 Equitable claims. An "equitable claim" usually asks the court to order a party to take
some action or stop some action. It might be joined with a claim for money. Cases for a
court order to stop the destruction of property, the sale of land, or the marketing to a
business' customers are are examples.
 Landlord-tenant claims. Civil courts handle disputes between landlords and tenants.
Cases where a landlord is trying to evict a tenant, or a tenant has moved out and is suing a
landlord for the return of a security deposit are examples.

Stages Of A Civil Case


In Clark County, a civil case might be filed in small claims court, one of the justice
courts, or the district court, depending on how much money is at issue and other factors.
Each court has its own rules that control how a case moves forward. To see a flowchart
that shows a civil case’s path through justice court or district court, click one of these
flowcharts or scroll to the bottom of this page:
Flowchart - Civil Case in District Court
Flowchart – Civil Case in Justice Court
Most civil lawsuits can be divided broadly into these stages:

 Pre-filing stage. During this stage, the dispute arises and the parties gather information,
try to negotiate a resolution, and prepare for the possibility of a court case. To learn
more, click to visit Pre-Filing Stage: Before You File A Case.
 Pleading stage. In this stage, one party files papers (a "complaint") to start the court case,
and the other party files some type of response (an "answer" or maybe a "motion"). To
learn more, click to visit Pleading Stage: Filing a Case or Responding to a Complaint.
 Discovery stage. During this stage, both sides exchange information and learn about the
strengths and weaknesses of the other side's case. To learn more, click to visit Discovery
Stage: Getting the Information You Need.
 Pre-trial stage. In this stage, the parties start preparing for trial. They get their evidence
and witnesses in order, they might engage in settlement discussions, and they may file
motions with the court to resolve the case or narrow the issues for trial. To learn more,
click to visit Pre-Trial Stage: Filing Motions and Prepping for Trial.
 Trial Stage. During this stage, the case is heard by the judge or a jury. This could last for
a couple of hours or a couple of months, depending on the case’s complexity. Witnesses
are examined, evidence is presented, and the case is eventually decided and a judgment
entered. To learn more, click to visit Trial Stage: Your Day In Court.
 Post-trial stage. During this stage, one or both of the parties might appeal the judgment
from trial, or the winning party might try to collect the judgment that was entered. To
learn more, click to visit Post-Trial Stage: After the Dust Settles.
Not every civil case follows these stages. The court or the parties might rearrange the
stages. And some cases have unique procedures dictated by the court's rules or a
statute. To learn more, research your case at your local law library. Click to visit Law
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