This guide will enable you to understand what is a civil case and helps you understand the important things to consider in case you want to sue or it will guide you on what to do in case you have been sued in a civil case.
- What is a civil case?
- Examples of civil cases
- Who can file a civil suit?
- Things to consider before filing the civil case
- Civil case procedure and process
- Should I ignore the civil case when sued?
- What to do when you have been sued in a civil case?
What is a civil case?
A civil case refers to the case which involves a dispute between two or more individuals or corporations. A civil case commences when a person files a complaint/plaint to the court of the proper jurisdiction for the aim of seeking court help against another person.
For example, when you entered into a contract with John but John fails to act according to the terms of the contract as As a result, you suffer loss. In this situation, you may file a civil case in court to seek compensation or any other relief against John
A person who files a civil case is called a plaintiff while the person to whom the case is filed against is called the defendant and together are referred to as parties.
The court which has jurisdiction to hear a civil case is referred to as a civil court
Examples of civil cases
Generally any claim of a civil nature is a good example of civil cases, but the common examples of civil cases are
- Personal injury cases; here the person who suffered an injury as a result of another person fault sue that person, For example, a person who injured in a car accident sue the driver of the car, or the person who breaks his arm after slip and fall in a premise sue the owner of the premise, etc.
- Breach of contract cases; here the party who suffered loss/damages due to the other party fails to perform the contract for example failure to complete the job, failure to deliver the goods, etc.
- Matrimonial cases; include all cases of divorce, separation, and others with family nature. In matrimonial cases, a wife may petition for divorce against his husband or a husband may petition for separation against his wife
- Employment cases; are cases that arise in the course of employment. Here the employee may sue the employer for wrongful termination, pay rise, an injury suffered in the workplace, etc.
The famous real-world example of a civil example is the case of Grimshaw Vs. Ford Motors Co.(119 Cal.App.3d 757, 174 Cal. Rptr. 348) This is an old case decided in California during 1978.
In this case, the plaintiff was seeking compensation from the defendant for the personal injury he suffered due to the fire caused by the defendant company design.
The court awarded the plaintiffs $127.8 million as compensation. You may read the full case here
Who can file a civil suit?
Any person, organization, or business entity whose civil rights have been infringed may file a civil case to seek the proper redress. For example, if the claim is based on tort the innocent party may file a civil suit against the wrongdoer for relief.
Things to consider before filing the civil case
Who to sue
In law who sue and sued must have a legal capacity to do so, this concept is technically known as the locus stand.
In civil cases who to sue is importantly similar to why you sue. Failing to sue the proper person will have a negative impact on your legal right, your case will be dismissed or you may not get any relief.
For example in the breach of contract claims, a person who was not part of the contract cannot sue or be sued concerning any dispute that may arise from that contract.
Where to sue (which court to file your civil case)-jurisdiction
Apart from who to sue, another issue to consider before filing your civil case is where to sue.
The civil procedure rules require suit to be instituted in the court of the lowest grade competent to try it.
The impact of filling a civil case in a court of incompetent jurisdiction is your case will be struck out.
Jurisdiction is a wide concept, but in general terms, every court has a limit on the nature of the case it can entertain. Make sure you are familiarizing yourself with the relevant limitations in your country/state so as to avoid unnecessary legal objections.
Where to file your civil case (place of suing)
After ascertaining the proper court which has jurisdiction to entertain your case, you must also consider the place to sue. Place of suing deals with the location of the court.
Generally, civil procedure rules require that: A civil suit must be filed where the subject matter situate.
This applies to the suit relating to immovable property.
For example, you want to sue a person so as he can evict a land located in X district, then you must file your case in a court of competent jurisdiction located in X district.
A civil suit must be filed where the defendant lives or where the cause of action arose.
For example, when you want to sue a person for breach of contract, you may file your case in the court of competent jurisdiction located within the area where the defendant lives or you may file your case in the court of competent jurisdiction located within the area where the contract was entered.
Time to sue (limitation of time)
Although infringement of your right without a justifiable cause gives rise to legal action such the right is limited by time
Every civil claim has its own time to be entertain of court, the common phrase used o refer to such a thing is known as ‘limitation of time’
In civil cases, limitation of time refers to the timeframe of the institution of civil case prescribed by law in relation to a civil claim; this timeframe runs from the date on which the cause of action arises.
The limitation of time differs according to the nature of the case.
For example, in Tanzania, the limitation of time to file a suit founded in tort is 3 years. That means have a tortious claim against someone let say defamation, you can file your case within 3 years from the date where that person defamed you.
NB: Every country has its own law of limitation; make sure you familiarize yourself with the limitation of time in relation to your claim before instituting your case.
The impact of filling your case after the limitation of time is to have your case dismissed.
Exhaust out of court settlement
Court considers the efforts that you have put to settle the dispute out of it when deciding your case.
Before filing your case, make sure you have tried to settle your dispute out of court and let the other person know your intention to sue in a case out of court settle fails.
Assume you want to claim against someone based on a personal injury claim specifically slip and fall. To show that you have exhaust court remedies you may send the demand letter to that person.
That will show you have been asking the court to help, as a last resort.
Civil case procedure and process
The procedure of civil cases can mainly be categorized into three main stages; pre-trial stage, trial stage, and post-trial stage. The following are the civil case processes involved in each stage.
This stage starts from where the dispute arises until the prosecution case opens. The activities involved in this stage include
Parties gather important information of the case
The claimant issues the demand letter to the defaulting party
Once parties will succeed to settle their dispute, everything ends here, but once fails the following happens;
Pre-trial settlement and scheduling settlements here the court assist parties to settle their dispute through
Alternative Dispute Resolutions (ADR) methods like mediation, negotiation, and arbitration.
Framing of issues; once the court-annexed ADR fails then parties will narrow the issues for trial
This stage starts from where the plaintiff case opens to where courts enter its judgment.
Here is where the judge or magistrate hears the parties, technically it is called ‘hearing’. During trial-stage/ hearing parties are allowed to adduce their evidence and call witnesses.
In a civil case, the plaintiff is the first party to adduce evidence and call witnesses. When the plaintiff closes his case, the defendant’s case opens.
After the hearing, the court may allow parties to file final written submission before entering its judgment.
This stage starts after the final judgment.
Should I ignore the civil case when sued?
On occasion in your life, you may face a civil suit filed against you.
Facing a trial might be hectic and the feeling to ignore might cross your mind.
Since it is your life you may ignore everything you want including responding to the civil case lodged against you.
And of course, you might have good reasons to do so.
A reason like, ‘the case is baseless’ may strengthen your urge to ignore it. But when it comes to court issues, you must be very careful in doing that, because the consequence of ignoring might be worse
One of the consequences of the non-attending court is that the case can proceed without you (technically know as ex-parte) and the court will reach the decision (ex-parte judgment) which will be 100% binds you.
Second, ignoring the civil suit may connote that you agree with every element of the claim against you since you have denied yourself the right to reply to the claims consequently the judgment delivered may favor the plaintiff/complainant.
Further, it is worth noting that since you have ignored the suit, it does not guarantee that the complainant may win the case.
What to do when you have been sued in a civil case?
The good thing to do when sued in a civil case is to file a reply to the claims and attends all court sessions just to avoid unnecessary inconvenience.
In fact, cases may create enmity, they are also cost full, stressful, time-consuming, etc.
Once you have been sued it is very wise to consider alternative ways to solve your dispute out of court process.
And the good news is that nowadays courts recognize and highly insists on the settlement of dispute out of court because it saves time, it is less cost full, it minimizes the chance of the enmity and maintains your relationship, it is more private, it lacks technicality and mostly it is party autonomy-based.
Further, you may hire a lawyer to handle that case for you.
Also, you may give a power of attorney to a person (other than a lawyer) that you believe can represent you in that case.
I know the court is not commonplace to common people but are you ready to stake your legal rights on the plaintiff/complainant’s favor by ignoring the case? Don’t ignore the civil suit.
My aim here was to help you to understand the important things as far as the civil case is concerned.
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