Guide: Filing a Civil Case

[Kebab]

 

Superior Court of San Andreas

CIVIL DIVISION

 

Filing a Civil Case

 

A civil case, civil action, or civil complaint is a type of lawsuit where one party (or group of parties) alleges that another party has committed a civil wrong or violation of law against them. The Plaintiff, or party bringing the case, may make an allegation that the Defendant, or party alleged to have committed the act, has committed a tort or violated statutory law. In a civil case, the Plaintiff is asking the court to award damages, which can be money or other items, to them as a result of sustaining injury, such as some physical or economic loss.

 

Instructions for Filing a Civil Case

1. Complete a Civil Case Cover Sheet and file it with the Clerk of Courts (( post in this section )).
2. Wait for a docket number to be assigned by a member of court staff.
3. File a Civil Case Brief (for Plaintiff) under the assigned docket number.
4. A Judge will be assigned and review whether cause of action exists, or whether the person has a right to sue.
5. If cause of action exists, a the case will be scheduled for trial and the Defendant will be issued a summons.

 

 

Procedure for Civil Cases

1. Answer
   During this phase of the trial, the Defendant answers the summons. This phase begins when the Plaintiff provides proof of service, or proof that the Defendant has received the summons and is aware of the case.
   
   The Defendant (on his own or through an attorney) will have 5 days from the date proof of service is submitted to submit one of the following (( as a post in the case topic )):
   • Civil Case Brief (for Defendant) (if the Defendant wishes to defend against the allegations)
   • Motion for Summary Judgment (if the Defendant does not wish to defend against the allegations)
      
2. Discovery and Pre-trial Motions
   During this phase, both parties will exchange evidence and witness lists. The attorneys for both sides should be in direct contact via electronic or postal mail (( Forum PM )). Both parties are entitled to view any and all evidence and to review any witness lists in advance of the trial phase - if a party refuses to disclose certain information, the other party may inform the judge who may issue an order to enforce this rule. Much of this information will be disclosed by the Plaintiff in the Civil Case Brief.
   
   During this phase, the Plaintiff and Defendant both have a right to interview any supporting witnesses and to examine all evidence. If additional time is needed to perform these tasks, the Judge should be notified. If a witness cannot be reached by both parties (( including for OOC reasons )), the witness will be excluded from the case.
   
   (( Additionally, if either party wishes to report any part of this case to server administration via Forum Report, this is the time to do so - the trial phase will not be paused for petty squabbles unless so instructed by an Administrator. ))
   
   In this phase, the following motions can be filed:
   • Motion to Dismiss - Can be filed by the defense if cause of action for the crime clearly does not exist. The judge will only be able to sustain this motion if there is a significant likelihood that the defense will prevail. If cause of action exists, this motion cannot be sustained by the judge.
   • Motion to Compel - Can be filed by either party to request that the court order the other party to take some lawfully-required action, such as disclosing evidence or witness lists they intend to use as support to the Criminal Complaint.
   • Motion to Suppress in limine - Can be filed by either party to request that the court not permit certain evidence or witnesses to testify.
      
3. Trial Phase
   During this phase of the trial, both parties will present the supporting evidence for their case as well as their arguments. Each step in this phase should be filed as an Affidavit for Plaintiff or Affidavit for Defendant.
   
   1. The Plaintiff will present the testimony of any witnesses and any evidence they have had analyzed.
   
   2. The Defendant will present the testimony of any witnesses and any evidence they have had analyzed.
   
   3. The Plaintiff will submit an affidavit arguing their case and how the evidence presented proves the defendant is guilty of certain offenses.
   
   4. The Defendant will submit an affidavit arguing their case and how the evidence presented proves the defendant is not guilty of certain offenses.
   
   5. The Plaintiff will make a closing argument addressing any defenses that have been presented. At this step, new arguments may not be introduced unless to counter arguments made by the defense.
   
   6. The Defendant will make a closing argument addressing any counter-arguments that have been made to the defense. At this step, new arguments may not be introduced unless to counter arguments made by the Plaintiff. At the conclusion of this step, the judge will close the trial proceeding and the case will advance into the decision phase.
   
   In this phase, the following motions can be filed:
   • Motion to Suppress - Can be filed by either party to suppress the presentation of some evidence or witness testimony that was not disclosed during the Discovery process.
   • Motion to Strike - Can be filed by either party seeking to remove some information from the record, perhaps due to badgering a witness not identified as hostile or due to improper foundations of a question. This is the standard motion to file for most objections.
      
4. Decision Phase
   In this phase, the judicial officer will review the evidence, witness testimony, arguments, and counter-arguments presented to make a determination of guilt. The standard the Plaintiff must prove is that the charged person is Liable by a preponderance of the evidence.
   
   A preponderance of the evidence means that the evidence suggests that the Defendant is more likely liable than not. Put simply, this means there is a 51% chance the Defendant has committed the act and is liable.
   
   In this phase, the following verdicts or dispositions will be determined for each charge:
   • Liable - The person has committed the act, and is legally liable for damages.
   • Not Liable - The person has not committed the act, or is legally not liable.
      
5. Post-Trial Phase
   In this phase, the Judicial Officer will consider all relevant evidence, arguments, and the disposition to determine an award, or the amount one side is required to pay the other. This may also entail some actions that must be taken and, if necessary, the Court may appoint a Special Master to ensure any such actions are performed. Monetary awards come in two types: Compensatory Damages and Punitive Damages.
   
   Compensatory Damages are a type of monetary award that compensate the injured party for any economic losses they have endured. For example, if business was lost or the act resulted in the loss of revenue the injured party will be entitled to compensatory damages in the amount they have lost. The Plaintiff may be required to provide evidence of their losses, such as receipts, financial statements, or other calculations for reasonable losses.
   
   Punitive Damages are a type of monetary award reserved for egregious actions and serve as a punishment or deterrent. These are often 2x or 3x the amount in compensatory damages, however are only available when statute or precedent permits the granting of punitive damages.

 

Appealing a Verdict or Sentence

Either party may appeal a verdict or award if they have grounds. Grounds for appeal are based on whether a party has standing. Examples of reasons to appeal are explained in the court's guidance on Standards of Appellate Review. Parties may not appeal a verdict simply because they do not like the outcome of the trial – they must demonstrate that the court has made a clear error, an abuse of discretion, a mistake in interpreting or answering a question of law, or a mistake in understanding a question of fact that resulted in irreparable impact to the case at hand.

 

An appeal can be initiated in the lower court by either party by filing a Notice of Appeal. (( Post as a reply to this topic ))

[Kebab]

SUPERIOR COURT OF SAN ANDREAS

COUNTY OF LOS SANTOS

CIVIL DIVISION

 

Case Name: Plaintiff v. Defendant

Plaintiff Attorney: Name

 

CIVIL CASE COVER SHEET

_______________________________________________

 

1. Check one box below that best describes this case:

 

Personal Torts

[ ] Assault, battery, or unlawful contact

[ ] False imprisonment

[ ] Intentional infliction of emotional distress

[ ] Deprivation of rights under color of law

 

Negligent Torts

[ ] Breach of duty

[ ] Negligent infliction of emotional distress

[ ] Professional or Medical Negligence

 

Property Torts

[ ] Trespassing or Conversion

[ ] Nuisance

[ ] Theft

[ ] Detainder

 

Dignitary Torts

[ ] Defamation (Slander or Libel)

[ ] Invasion of privacy

[ ] Breach of confidence

[ ] Abuse of process

[ ] Malicious prosecution

[ ] Alienation of affections

 

Business Torts

[ ] Fraud

[ ] Tortious interference

[ ] Conspiracy

[ ] Restraint of trade

[ ] Passing off

 

Contracts

[ ] Breach of Contract

[ ] Collections

 

Judicial Review

[ ] Denial or Revocation of Business License

[ ] Denial or Revocation of Firearms License

 

2. List any damages sustained or fees accrued. Include billing rate for attorneys, expert witnesses, etc.

• List

_______________________________________________

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge.

 

Sworn this __ day of _________, 20__ by:

 

/S/ NAME OF PLAINTIFF

Name of Plaintiff

Plaintiff

 

/S/ NAME OF ATTORNEY
Name of Attorney

Attorney for Plaintiff

 

[Kebab]

Plaintiff v. Defendant

 

Case Number: YY-XNNN

Prepared by: Plaintiff or Attorney Name

 

CIVIL CASE BRIEF FOR [PLAINTIFF/DEFENDANT]

_______________________________________________

 

Argument

1. Describe who the parties to this case are in relation to each other.

2. Describe why your case has standing, or why you are allowed to sue for this matter.

3. Continue sequential numbering and lay out your case piece by piece.

...

 

Exhibits

1. Describe the exhibit

(( Link to OOC Proof ))

2. Describe the exhibit

(( Link to OOC Proof ))

...

 

Witness List

1. Name of Witness

(( Link to Forum Profile ))

2. Name of Witness

(( Link to Forum Profile ))

...

 

_______________________________________________

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge.

 

Sworn this __ day of ___________, 20__ by:

 

/s/ NAME OF ATTORNEY

Name of Attorney

 

... Additional Attorney Signatures

[Kebab]

Plaintiff v. Defendant
 

Case Number: YY-XNNN

Prepared by: Plaintiff or Attorney Name
 

[NAME OF MOTION]

_______________________________________________
 

Describe your motion here.
 

_______________________________________________

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge.

 

Sworn this __ day of ___________, 20__ by:

 

/s/ NAME OF ATTORNEY

Name of Attorney

 

... Additional Attorney Signatures

[Kebab]

Plaintiff v. Defendant
 

Case Number: YY-XNNN

Prepared by: Plaintiff or Attorney Name
 

AFFIDAVIT FOR [PLAINTIFF/DEFENDANT]

_______________________________________________
 

Narrative here, including references to evidence and witnesses.
 

_______________________________________________

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge.

 

Sworn this __ day of ___________, 20__ by:

 

/s/ NAME OF ATTORNEY

Name of Attorney

 

... Additional Attorney Signatures

[Kebab]

People v. Defendant
 

Case Number: YY-XNNN

Prepared by: Plaintiff or Attorney Name
 

RECORD OF DEPOSITION

Witness Name: Name of Witness

Date and Time of Deposition: DD/MMM/YYYY HH:mm

_______________________________________________
 

Question: Question and context stated by the person taking deposition...

Answer: Full, unabridged answer given by the witness.

 

...
 

_______________________________________________

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge.

 

Sworn this __ day of ___________, 20__ by:

 

/s/ NAME OF ATTORNEY

Name of Attorney

 

... Additional Attorney Signatures