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A civil proceeding involves disputes between
private parties, or between a private party and a public agency,
and could be a dispute over a contract, a lease, a divorce, or
because one of the parties is alleged to have wrongfully injured
the other (this type of wrongful injury is called a "tort").
Usually a person filing a civil suit wants money damages, but he
may ask the court to order the other party to do something or stop
doing something; this is known as "injunctive relief." See
Chapter V in "Overview
of the Idaho Court System" for
more information. The Idaho
Rules of Civil Procedure apply to these
cases. The process in a civil suit follows this order:
Complaint
filed
The filing of a complaint details the facts of the situation
as seen by the plaintiff, the person desiring the court's assistance.
When the complaint and summons (notifying the defendant of the
suit) have been filed with the court, copies of these documents
must be delivered (served on) the other party.
Answer
The defendant
has 20 days after being served to respond in writing to the complaint--this
is called the "answer." At the same time, the defendant
may file a counterclaim as part of the answer. The counterclaim
describes why the defendant feels entitled to relief (money or
an injunction) from the plaintiff. The plaintiff then has 20 days
to file an answer to the counterclaim. If either side does not
file answers or other pleadings in the time required, the other
party may ask the court for a default judgment in which the judge
decides the case in favor of that party. Time limits may be extended
by an agreement of the parties (a stipulation) or for other reasons
approved by the court.
Pre-trial discovery and motions
In the period
between filing the initial papers and the trial, the parties
probably are negotiating to determine if they can settle their
dispute while,
at the same time, conducting discovery (a proceeding in which
the parties request and are given information about the case
known
by the other side). Discovery includes submitting written questions
for the other side to answer (interrogatories), conducting oral
questioning of sworn witnesses (depositions) and requesting the
production of documents and other things related to the case.
Either side may also make pre-trial motions regarding what
may be presented
at trial. In the pre-trial phase, attorneys often file motions
for summary judgment, which if granted will eliminate the need
for a trial. To win on a summary judgment motion, a party must
show that there are no material issues of fact in dispute and
that the case can be decided by the judge as a matter of law.
Pre-trial
hearing and trial
If it appears the case will not settle, the
judge will hold a pre-trial hearing to determine the conduct
of the trial.
The conduct of a civil trial follows essentially the same order
as a criminal trial, discussed above. When either the judge
or jury renders its decision, the case may be appealed by the losing
party.
Mediation
The court may appoint, or the parties may agree to, a neutral
mediator who assists them in reaching a mutually acceptable
agreement. All
civil cases are eligible for referral to mediation. See Idaho
Rule of Civil Procedure 16(k).
Out of court settlement
If
the parties
come to an agreement about settling the case, they may
present their agreement to the judge. |
