A civil case involves a disagreement between two or more people or institutions, usually over money. A civil litigation begins when a legal person alleges that he has been hurt by the activities of another person or corporation and files a "complaint" with the court seeking relief. The majority of civil lawsuits follow the well-established rules of the Code of Civil Procedure.
ORane M Cornish affidavit statement for New Britain court proving Wentworth'...
How To File A Legal Case - Legamart
1. How to File
A Legal case
Before starting the claim
01.
Starting the claim
02.
Progress through the court
03.
Moving the claim on
04.
Preparation for trial
05.
After Judgment
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07.
Trial
06.
This is when the court will make a decision on
the claim. It is worth pointing out at this
point that only a small percentage of cases
end up with a trial
Whilst a Claimant is not prevented in law from going straight to court
without corresponding and attempting to resolve a dispute first, the
courts discourage such an approach and may well disallow legal costs
against the Defendant even if the Claimant succeeds completely with
his case.
If court proceedings are necessary, the Claimant starts by filing a Claim
Form at the county court accompanied by, or in simple cases
incorporating, a longer document called the ‘Particulars of Claim’. The
appropriate court fee has to be paid and copies provided for the court to
send to the Defendant.
If the claim is defended, the next stage will be the court ordering both parties to
complete a Directions Questionnaire. This is a procedural document which requires
detailed information not about the merits of their case but about where they want
the case to be held, how many witnesses (which will in part determine how much
court time needs to be set aside), whether there is a need for expert evidence e.g. a
surveyor (often in a building case).
You will need to comply with the court directions. In many ways this
is the most important and certainly the lengthiest stage and
comprises all actions that have to be taken until a case gets to trial
when a judge will make a decision.
In larger cases there is usually a Listing Questionnaire/Pre-trial
Checklist stage which is like the Directions Questionnaire,
although nearing the end of the case not the beginning, and
deals with confirmation as to whether all directions have been
complied with as well as information necessary for listing for
trial
A judgment, for money at least, is a hollow victory if
the money is not honoured and paid. This is why a
good solicitor will consider with you, before and
during a claim, whether there will be any difficulties
enforcing a judgment and/or costs order.