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Procedure in a Civil Case 1.

Plaintiff files a complaint with the appropriate court:  If the complaint is by a Missourian against another Missourian or a

Missouri company or if it is about a Missouri law, the usual place to file a lawsuit is in the circuit court in the county in which one of the parties resides.  If only one of the parties is from Missouri, the plaintiff may file the

complaint in a federal court.  If the complaint is about a federal law, the plaintiff must file in a

federal court.  If the damages sought by the plaintiff are under $3,000, the plaintiff

may file in mall !laims !ourt, which may part of a municipal court or part of the county court system. ". #he court issues a summons or writ, which notifies the defendant about the case. $%ote: there is a filing fee or an amount of money that the plaintiff must pay to the court to file a complaint.& 3. ummons is deli'ered to the defendant by mail, by the person bringing the suit, by the sheriff or by a ser'ice agent. (. #he defendant, usually through an attorney, answers the claims in writing, usually denying the plaintiff)s allegations. *. +sually, a period of disco'ery follows where parties e,change rele'ant documents and conduct depositions, which are inter'iews with the parties and possible witnesses. -. #he parties then as. the /udge to set the case for trial. #he parties may reach a settlement before or after this time. 0ccasionally, there is

#he trial may be a /ury or non2/ury trial at the re3uest of either party.  In fi'e years5contract 'iolations. may range from one to ten years. #hese times. and most negligence cases. battery and assault. Plaintiffs must bring actions in ci'il courts within a certain amount of time from when the e'ent causing damage occurred. trespass on real estate. libel. possible fraud. #his is where the /udge decides the case based on written information submitted by both parties. 4. e. ome . 1. or statute of limitations.amples are:  In ten years5any action for payment of money or property.  In two years5most intentional torts such as slander.summary /udgment.