Civil Proceedings

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 may ask the court to order the other party to do something or stop doing something; this is known as "injunctive relief." 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 to (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 Rule 16(k) Mediation of Civil Lawsuits.

Out of Court Settlement
If the parties come to an agreement about settling the case, they may present their agreement to the judge.