Starting a Lawsuit

Caution and disclaimer: The following article is provided solely for educational purposes. This is not legal advice. Readers must seek independent legal advice from a properly licensed practitioner.

Civil Litigation

Asking a lawyer to explain the process of civil litigation is like asking a doctor to explain how the human body works: it can be as short as a paragraph, or it can be as long as a book. I will try to briefly explain the process and what you can expect during litigation.

Starting a lawsuit The civil litigation process starts with a “claim“. The person making the claim is called a “plaintiff“. The claim contains three parts: the facts (also known as the “particulars”), the grounds in law (also known as “style of cause”), and the order you would like the court to make (also known as “prayer of relief”). Some people try to cram as much in a claim as possible, perhaps hoping to impress the judge. However, the truth is that the claim is not evidence. It is more like a blue print for the judge to follow, rather than a detailed essay on why you should win the case.

The person you are claiming against is called the “defendant“. There can be more than one defendant in a case. Once the claim is properly issued and served on the defendant, the defendant gets the chance to tell his or her side of the story in a document called “defence“. The defendant can also make his or her own claims against the plaintiff and other involved persons.

Comments are closed.