Different Steps of Civil Cases in India

Published: 16th May 2012
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Civil law addresses situations in which people have been harmed, and an economic award might help remedy the situation. Examples of civil law cases include divorce, disputes involving property ownership, and contractual disputes. Private attorneys generally handle both sides of a dispute involving civil law, and the issues in civil court most often need to be proven only by a preponderance of the evidence.A branch of law that is concerned with the discrepancy between organizations or individuals is called as Civil Law.

Initial Court Papers : The legal papers that are filed in court at the beginning of a lawsuit are called "pleadings."Your attorney will explain pleadings to you in the particular context of your case, but the summary that follows will give you a head start in understanding some of the many documents that may become a part of your civil laws.

Fact-Finding and Discovery : A hallmark of the American legal system is the principle that there should be as few surprises as possible in the course of a lawsuit. That disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production and depositions. Document production is fairly self-explanatory. Courts are allowing access to computer files as part of document discovery.

Resolution Before Trial: A motion is a request your lawyer files with the court asking for a ruling on a particular matter. If the ruling on the motion could terminate the litigation and end the dispute before trial, it is called a dispositive motion. A motion to dismiss is sometimes filed in the very early stages of the litigation, before the parties have conducted discovery.

Settlement : The majority of legal claims filed in civil court do not reach the trial stage- most are resolved earlier through a negotiated settlement among the parties. An informal settlement can even take place before any lawsuit is filed. Through settlement, the plaintiff in a civil case agrees to give up the right to pursue any further legal action in connection with his or her case, in exchange for the payment of an agreed-upon sum of money from the defendant (or the defendant's insurer).

Trial and Verdict : A judge or jury examines the evidence to decide whether, by a "preponderance of the evidence," the defendant should be held legally responsible for the damages alleged by the plaintiff. A trial is the plaintiff's opportunity to argue his or her case, in the hope of obtaining a judgment against the defendant.

After a Judgment: Even when you "win" a civil case in court and are awarded money damages, the opposing party may not always simply pay you the amount of the judgment. You may have to take additional steps (and incur additional expenses) to collect the judgment.They do so because they want to avoid unpleasant "collection" activities and additional expense.

Appeals : An appeal is a review of the trial court's application of the law. There is no jury in an appeal, nor do the lawyers present witnesses or, typically, other forms of evidence. The court will accept the facts as they were revealed in the trial court, unless a factual finding is clearly against the weight of the evidence.

The civil cases which seeks to resolve non-criminal disputes such as disagreement over the meaning of contracts, property ownership, family disputes namely divorce & child custody etc. and damages for personal and property damage is called civil law.Mostly civil cases does not prescribe punsihment but the Code of Civil Procedure clearly specifies that persons who are to be punished under the civil law must be sent to civil prison. It clearly shows that there exists civil prisons for the punishment of offenders under civil law. When a person commited contempt of court i.e. a decree or order pronounced by court is not obeyed then that peson is liable for contempt of court and in such situations Civil cases also leads to punish the person who committed such offence.



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