Anyone who believes their rights have been violated can take civil action by making a formal complaint before the courts.
If you have a law degree you can file a lawsuit and represent yourself, but you should be very confident in your abilities. Otherwise, you need to involve a lawyer.
Most cases involve contesting the decisions of the authorities. As the plaintiff, you must prove that a decision violated your legal rights and interests, and the authority will need to justify the legality of their decision.
What is a Civil Action?
A civil action is an action that is brought to enforce, redress, or protect a private or civil right. It is noncriminal litigation, and when the action is brought by a private person it is termed as private action. The person who initiates the action is known as the plaintiff and the person against whom the action is brought is termed as a defendant.
Actions that are predominantly concerned with the recovery of damages for personal injury or breach of contract are also considered civil actions.
The essential difference between a criminal and a civil action is that in a criminal action, the state prosecutes the accused for an act that is deemed to be injurious to the public, whereas in a civil action, the plaintiff sues the defendant for damages sustained by him/her as a result of the defendant’s acts.
How to Prepare a Civil Action Lawsuit?
You must use the correct legal forms to complete your complaint. These forms are specific to each state.
The first step is to file a “Petition” or “Complaint” with the clerk of the court. This document starts the lawsuit and is where you state your side of the story.
You will also need to file an “Affidavit of Service” which proves that you served the other party with the complaint and other necessary documents.
The “Answer” is the document filed by the defendant in response to the complaint. The answer will either admit or deny each of the allegations made against them in the complaint.
If you are unable to reach an agreement, then your case will go to trial.
Why File Civil Action Forms Online?
Filing civil action forms online is the easiest and most convenient way to file your lawsuit.
You can find all the necessary forms for your state, and you can be sure that you are using the correct versions.
You will also save time by not having to go to the court house to file your documents.
Documents Needed for a Civil Action Lawsuit
Filing a civil lawsuit is a significant step and the process can be made easier by making use of sample civil forms.
Certain types of papers are required when first filing a case:
- A civil complaint form – to start the process, you need to complete a complaint and file it with the appropriate court. On this form you indicate which of your rights have been violated and your ability to file a case.
- A civil summons form – a summons to appear in court is served on the accused party and persons participating in the case, including witnesses, experts, specialists, etc. It must be served in such a way that the persons summoned have sufficient time to prepare for court proceedings. It should not be presented later than three days before the hearing.
- Copies of evidence – you must collect the facts about your case and present them to the court to prove that the defendant has committed the acts you’re accusing them of doing/not doing.
- A copy of the act – if the authority or organization has decided that you’re contesting because it caused you harm, you must have a document setting out the reasons why you are taking them to court and in what way you’ve been harmed.
- Witness evidence/testimonies – statements or declarations made by witnesses are crucial judicial evidence in lawsuits.
A Notary Public must notarize all these documents. Only then do the forms have legal force to be used in a court case.
The specific documents you need to attach and what to include in the civil complaint form will depend on the nature of the civil action.
What Are Examples of Civil Actions?
Examples of civil actions include:
- Personal injury claims – these are based on the negligent acts of others that cause harm to others.
- Breach of contract actions – where someone has breached the terms of a contract.
- Requests for injunctive relief – where the court requires an individual or entity to do or not do a specific action. It must be proven that harm will occur without this injunction, and it cannot be remedied by money damages.
Proper preparation of all the required forms takes a lot of time and is best done by lawyers.
When you file a civil lawsuit, the clock starts ticking on the statute of limitations. This is the time limit set by law for taking legal action.
The time limit varies depending on the type of case, but it is generally between two and six years.
If you do not file your lawsuit within this time frame, you will be barred from taking any action and will not be able to recover damages.
You should therefore consult with a lawyer as soon as possible after the event that gave rise to your claim occurred, to ensure that you do not miss the deadline.
Final Words
Filing a civil lawsuit is a serious matter and should not be undertaken lightly. You should consult with a lawyer to ensure that you have a valid claim and to assist you in preparing the necessary paperwork.
You should also be aware of the statute of limitations for your particular case, as you will be barred from taking any action if you do not file your lawsuit within the prescribed time frame.
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