Because the plaintiff files the lawsuit, the plaintiff is responsible for drafting the complaint. A copy of the complaint is served to the defendant and the defendant is required to file an answer. How can you distinguish the plaintiff from the defendant just by looking at a complaint or hearing a case name? The plaintiff is generally named first in the case caption and the defendant is named second.
So, how are you supposed to remember which party is the plaintiff and which is the defendant? One of the critical differences between a plaintiff and defendant in a civil case is that the plaintiff is generally charged with the burden of proving the allegations.
There are a couple of common situations where the parties involved in a civil lawsuit are referred to something other than plaintiff and defendant. Read more about how to choose the right lawyer for your case. Learn how to get ahead in your studies and the career field, as well be a guest contributor to our blog and apply for one of our scholarships. Dramatic increase in web traffic Genuine competitive advantage Guaranteed territory protection.
They must file their answer within the required time period, or the court will enter a default judgment against them. It also can raise any applicable counterclaims against the plaintiff. Read more here about complaints and answers. The process of gathering evidence in a lawsuit is known as discovery. This allows each side to get a better understanding of their position and develop strategies for the litigation.
It also can promote the settlement process by revealing the strengths and weaknesses of the case. Discovery often involves depositions, which are interviews in which a party or a witness answers questions about the case under oath. It also may involve interrogatories, which are written sets of questions provided by one party to the other party or to someone else with knowledge of the facts in the case. Other discovery tools include requests for admissions and requests for production.
Each party can send requests for admissions to the other party to narrow the issues in the dispute. If the opponent admits that a fact is true or that a document is genuine, these points no longer need to be litigated. Requests for production allow a party to get access to tangible evidence that is relevant to the case.
Read more here about the discovery process. At any point before a case reaches trial, either party or both parties can try to end the case by filing a motion with the court. Most often, the defendant files this type of motion, and the plaintiff opposes it. If the defendant believes that the plaintiff does not have a valid case, they can bring a motion for judgment on the pleadings at the very outset of the case. A motion for summary judgment can be brought later in the process if either party feels that there are no material facts in dispute, and they are entitled to judgment as a matter of law.
Sometimes the losing party in a trial will bring a post-trial motion to correct an apparent error. They might file a motion for a new trial based on a material problem with the proceedings.
Online Code Book. Downloadable Code Book. Code Repository. SCDB Web Normalizations [ view ]. House of Representatives. American Medical Association. National Railroad Passenger Corp. If employer's relations with employees are governed by the nature of the employer's business e. Indian, including Indian tribe or nation. Army and Air Force Exchange Service. Secretary or administrative unit or personnel of the U. Air Force. Department or Secretary of Agriculture. Board of Immigration Appeals.
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Very broadly, civil cases may involve such things as:. In Clark County, a civil case might be filed in small claims court, one of the justice courts, or the district court, depending on how much money is at issue and other factors.
Each court has its own rules that control how a case moves forward. Not every civil case follows these stages. The court or the parties might rearrange the stages. And some cases have unique procedures dictated by the court's rules or a statute. To learn more, research your case at your local law library. Click to visit Law Libraries. This website is intended to provide general information, forms, and resources for people who are representing themselves in a Clark County court without a lawyer.
The information on this website is NOT a substitute for legal advice. Talk with a lawyer licensed in Nevada to get legal advice on your situation.
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