A civil lawsuit involves a conflict from a divorce to breach of contract, and between people or between businesses.
A civil litigation case begins when one person or business (the ‘plaintiff’) claims to have been harmed by the actions of another person or business (the ‘defendant). The matter is taken to a court of law, whether Federal Court or State District, County or Justice of the Peace, where a judge or jury will be asked to hear your case/claims and decide what happened.
In a family law case the Petitioner (whether in a custody or divorce situation) is the party who is pursuing the case against the other parent, the Respondent. The Judge or Jury will listen to the facts and apply the appropriate law to the facts in determining distribution of assets, debts, as well as custody and child support.
Being a plaintiff/petitioner or a defendant/respondent can be scary
If you are the plaintiff/petitioner you will have to prove the facts as you allege them in your pleadings. This is not always easy to do. Faultless paperwork and evidence are needed in the presentation of your case. Cases are often lost in court if the information and paperwork lack conviction.
You need not panic when you get sued. The key to being a successful defendant/respondent is to be organized, take a deep breath and to stay calm. Stay focused and start gathering the evidence to support your response and position.
Choosing the right attorney is key as you will be working with this attorney throughout the process. Ask questions to ensure that you are on the same page with your attorney.