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Civil Cases

To begin a civil lawsuit, the plaintiff files a complaint with the court and “serves” a copy of the complaint on the defendant.

THE PROCESS

A civil case involves a legal dispute between two or more parties. The civil action begins when a party to a dispute files a complaint, and pays the filing fee. A plaintiff who is unable to pay the fee may file a Motion (request) to proceed in forma pauperis. If the request is granted, the fee is waived.  


To begin a civil lawsuit, the plaintiff files a complaint with the court and “serves” a copy of the complaint on the defendant. The complaint describes the plaintiff’s damages or injury, explains how Twitter caused the harm, shows that the court has jurisdiction, and asks the court to order relief. A plaintiff may seek money to compensate for the damages, or may ask the court to order Twitter to stop the conduct that is causing the harm. The court may also order other types of relief, such as a declaration of the legal rights of the plaintiff in a particular situation. 

CASE PREPARATION 

Upon receipt of the Complaint, Twitter will be compelled to hire a local attorney to appear in your local court. To be more precise, the attorney that represents Twitter will subcontract a local attorney to represent the attorney representing Twitter. That attorney will file a Motion to Dismiss, seeking the case be dismissed. In all likelihood, the court will acquiesce; and, the case will be dismissed.


But, fear not. You still won. Twitter will have had to pay their attorney $5000 to respond to your complaint. In short, Twitter had to pay $5000 for canceling your account.


But, if they proceed, there may be “discovery,” where the litigants must provide information to each other about the case, such as the identity of witnesses and copies of any documents related to the case. The purpose of discovery is to prepare for trial by requiring the litigants to assemble their evidence and prepare to call witnesses. Each side also may file requests, or “motions,” with the court seeking rulings on the discovery of evidence, or on the procedures to be followed at trial. 


Discovery may include a deposition, requiring a witness to answer questions about the case before the trial. The witness answers questions from the lawyer under oath, in the presence of a court reporter, who produces a word-for-word account called a transcript.


The more involved the process, the more costly the ordeal will be. So, the more you can engage the attorney, the better.  

SETTLING YOUR DIFFERENCES

To avoid the expense and delay of having a trial, judges encourage the litigants to try to reach an agreement resolving their dispute. The courts encourage the use of mediation, arbitration, and other forms of alternative dispute resolution, designed to produce a resolution of a dispute without the need for trial or other court proceedings. As a result, litigants often agree to a “settlement.” Absent a settlement, the court will schedule a trial.

THE TRIAL PROCESS 

By applying rules of evidence, the judge determines which information may be presented in the courtroom. A court reporter keeps a record of the trial proceedings, and a deputy clerk of court keeps a record of each person who testifies and any documents, photographs, or other items introduced into evidence. 


The opposing attorney may object if a question it invites the witness to say something that is not based on the witness’s personal knowledge, is unfairly prejudicial, or is irrelevant to the case. Generally, the judge either overrules or sustains – allows – the objection. If the objection is sustained, the witness does not answer the question, and the attorney must move on to his next question. The court reporter records the objections so that a court of appeals can review the arguments later if necessary. 

THE CLOSING

After evidence is heard, each side gives a closing argument. In a jury trial, the judge will explain the law that is relevant to the case and the decisions the jury needs to make. The jury generally is asked to determine whether the defendant is responsible for harming the plaintiff in some way, and then to determine the amount of damages that the defendant will be required to pay. If the case is tried before a judge without a jury, known as a “bench” trial, the judge will decide these issues or order some kind of relief to the prevailing party. In a civil case, the plaintiff must convince the jury by a “preponderance of the evidence” (i.e., that it is more likely than not) that the defendant is responsible for the harm the plaintiff has suffered.