A civil action - that is, a lawsuit other than a criminal one-comes about when two or more people

become involved in a dispute that they are unable to settle by themselves. One of them seeks to have a
third party, the court, settle the dispute for them. To do this, a court action known litigation (a suit at
law) must be brought. The parties to a lawsuit are called litigants. The person who brings the suit is
called the plaintiff. The person against whom the suit is brought is called the defendant. A class action is
a lawsuit brought, with the court's permission, by one or more person’s behalf of a very large group of
people who have the same interest in the matter.

Under the ripeness doctrine, a court will not hear a case unless there is an actual, present controversy
for the court to decide. Judges will not decide cases that are hypothetical or speculative. To be brought
to court, potential cases must be justiciable-appropriate for court assessment.

The federal rules of civil procedure govern civil cases brought in federal courts. These rules can be found
on the Internet. Individual states also have adopted rules of civil procedure that apply cases brought in
their state courts.

BEGINNING A CIVIL ACTION

To begin a civil lawsuit, the plaintiff usually makes an appointment with an attorney and tells the
attorney the facts of the dispute as he or she understands them. The attorney, after listening to the
client's version of the facts, determines the legal issues (questions of law) that are involved in the case.
The attorney then tells the client about the law as it applies to the legal issues and gives the client an
opinion a show successful a lawsuit might be. The client, with the advice of the attorney, then decides
whether or not to bring the lawsuit.

An important consideration is whether the client has standing to sue. Standing to sue means that a party
has a tangible, legally protected interest at stake a lawsuit. For example, you could not bring suit against
someone who breached your friend's contract, because you were not a party to that contract. You
would not have "standing."

Another critical consideration for the attorney is whether the applicable statute of limitations bars the
lawsuit from being filed. 12 Statutes of limitation set a time limit for how long plaintiffs can wait, after
the plaintiff is aware of the action (or reasonably should be aware), to file a lawsuit. Time limits vary
according the kind suit being filed, but in most jurisdictions the statute of limitations for personal injury
is two years.

If the client decides to bring suit, the attorney usually writes a letter to the defendant, saying that he or
she represents the plaintiff and has been authorized to bring suit against the defendant. In the letter,
the attorney often makes an attempt to settle the case out of court and gives the defendant a few days
to answer the letter. If no settlement can be reached, the plaintiff's attorney will begin the lawsuit.

SELECTING THE COURT

The attorney's first task in bringing suit is to select the court in which to bring the action. In choosing a
court, the attorney must determine which court has jurisdiction over both the person who is being sued
and the subject matter of the case, as discussed in Chapter 1.

PLEADINGS

Civil suits are begun and defended at the outset by the use of papers known as pleadings. Pleadings are
the written statements of claims and defenses used by the parties in the lawsuit. 2 Pleadings serve the
purpose of giving notice to all parties of the claims and defenses in the suit; in addition, pleadings
narrow the issues for trial so that both parties and the court know the legal issues that must be decided.

1To begin a civil suit, the plaintiff's attorney files a complaint with the clerk of the court, which is the
plaintiff's first pleading. A complaint (called a declaration at common law) is a formal document
containing a short and plain statement of the claim, indicating that the plaintiff is entitled to relief and
containing a demand for the relief sought. The complaint sets forth the plaintiff's cause of action, which
is the ground which the suit is maintained. The essential basis, or gist, of the complaint is known as the
gravamen of the lawsuit. The complaint contains allegations (also called averments), which are claims
that the party making the complaint expects to prove. To allege, or to aver, means to make an
allegation; to assert positively. The clause the complaint stating the damages claimed by the plaintiff is
called the damnum. In some states, a complaint must be accompanied by a verification signed by the
plaintiff. A verification is a written statement made by the plaintiff, under oath, confirming the
correctness, truth, or authenticity of a pleading. In some states, especially in courts of equity (see
Chapter 7), civil suits are begun by the filing of a petition-a written application for a court order.

The lawsuit begins when the complaint or petition is filed with the court. The plaintiff's attorney either
mails (registered or certified) or hand-delivers the complaint to the court, with the proper filing fee. The
clerk of court keeps a record, called a docket, of cases that are filed and assigns a docket number to
each case. The term trial docket or trial list refers to the calendar of cases that are ready for trial.

Due to the advance of technology, pleadings and other papers may be filed or served electronically,
according to Rule 5 of the Federal Rules of Civil Procedure, provided that the local federal courts allow
for electronic filing and that other parties consent to electronic service. States have similar allowances.
Indiana Trial Rule 5(F)(2) allows for the electronic filing of pleadings. And to protect the privacy of
litigants, Rule 5.2 of the Federal Rules of Civil Procedure requires that certain personal information
(Social Security number or date of birth) be presented in a way that does not entirely disclose the
information. For example, the last four numbers of a person's Social Security number only may be listed.
3 Once the complaint is filed with court, the defendant is notified of the suit by a method known as
process. Process is defined as the means of compelling the defendant in an action to appear in court.

SERVICE OF PROCESS
A summons is used to notify the defendant of the lawsuit. A summons is a formal notice to the
defendant that a lawsuit has begun and that the defendant either must file an answer within the
number of days set by state law or lose the case by default. Service of process is the delivering of
summonses or other legal documents to the people who are required to receive them. A summons is
obtained from the court, filled out, and given, along with a copy of the complaint, to a process server (a
person who carries out service of process). The process server delivers copies of the summons and the
complaint the defendant and then fills in the back of the summons indicating when and how service was
made. The summons is then returned to the court.

4 The process server may serve process by delivering a copy of the summons and complaint to the
defendant personally, which is known as personal service. Service that is not personal service is called
constructive service when the summons and complaint are left at the defendant's last and usual place of
abode and substituted service when they are delivered to the defendant's agent, mailed, or published in
a newspaper. 5 If the defendant is a corporation, process may be served on an officer of the corporation,
on a registered agent of the corporation, or on the person charge of the corporation's principal place of
business. When the defendant's whereabouts are unknown, process may served by publication in a
newspaper. In some states, service may be made by mail. And as stated earlier, the Federal Rules of Civil
Procedure authorize electronic service, provided that there is written consent by the party to served.
When names of defendants are unknown, summonses and complaints refer to people as Doe
defendants, such as First Doe, Second Doe, John Doe, and Jane Doe.

TERMS IN ACTION

In the 2008 movie "Pineapple Express," Seth Rogan's character plays a process server who uses creative
methods to get divorce papers or civil complaints served on defendants, including impersonating a
doctor and serving a summons on a surgeon during an operation. That may not too far from reality for
those who sometimes have use deception to find defendants, some of whom don't want to be found.
Process servers might have to dodge menacing dogs while trying to find hiding homeowners who don't
want receive service of process foreclosure actions, and they risk personal injury if they are attacked by
angered recipients of subpoenas or legal documents. California and Washington State allow process
servers to temporarily trespass in order to do their job. Whereas substitute service is allowed in all
jurisdictions, nothing beats being able to say, "You've been served." Even Mark Zuckerberg, the
billionaire who created Facebook, heard those words when a process server got past security at a fancy
ski resort in Idaho, where Zuckerberg was having lunch in2010. One process server in Seattle was so
unpopular for his menacing tactics that the Seattle Times wrote article about him in 2010, recounting
how he once pitched a tent outside a target's house and camped there until the guy came home. Service
of process can even deadly. In 2008, a process server in Colorado was murdered after personally serving
an irate husband at the divorcing couple's home.

Source: seattletimes.com; businessinsider.com; thedenverchannel.com

The Answer
Upon receiving the summons, the defendant has a time limit to file an answer, which is the defendant's
pleading. An answer is a written response to the plaintiff's complaint, filed with the court where the
complaint was filed. An answer denies or admits the specific allegations in the complaint, or it may claim
a lack of knowledge about the truthfulness of the complaint's allegations. A defendant's answer may
also include a counterclaim-a suit filed against the plaintiff-which would then require the plaintiff's
written response.

Default Judgment

When a defendant fails to file an answer or other pleading in response to a summons and complaint, he/
she may lose the case by default. A default judgment is a court decision entered against a party who has
failed to plead or defend a lawsuit.

ATTACHMENTS

At times, plaintiffs need the assurance that if they obtain a judgment against the defendant (that is, win
the lawsuit), money will be available from the defendant to pay the amount of the judgment. 6 This
assurance is accomplished by attaching the defendant's property at the beginning of the action. An
attachment is the act of taking a person's property and bringing it into the custody of the law so that it
may be applied toward the defendant's debt if the plaintiff wins the suit. The method of obtaining an
attachment varies somewhat from state to state. 7 Under a typical state law, the plaintiff's attorney files
a motion for attachment with the court at the same time the complaint is filed. The plaintiff's attorney
must also file an affidavit signed by the plaintiff, stating facts that would warrant a judgment for the
plaintiff. An affidavit is a written statement sworn to under oath, before a notary public, as being true to
the affiant's own knowledge, information, and belief. An affiant (also called a deponent) is a person who
signs an affidavit. The motion, affidavit, summons, and complaint, together with a notice of hearing, are
sent to the process server, who serves them on the defendant. A hearing is then held by the court to
determine whether or not to allow the attachment. 9 The court may allow the attachment if it finds that
a reasonable likelihood exists that the plaintiff will recover a judgment against the defendant or the
amount of the attachment over and above any insurance coverage that the defendant has.

Ex Parte Hearing

Sometimes, the plaintiff's attorney wishes to attach the defendant's property, but does not want to
notify the defendant in advance that an attachment is going to occur. In such cases, the plaintiff's
attorney attends an ex parte session of the court. Ex parte means that the hearing is attended by one
party only. The plaintiff's attorney asks the court to allow the attachment without notifying the
defendant beforehand. 10 The court may allow the attachment without notifying the defendant if it
finds (1) that the defendant is not within its jurisdiction (but the defendant's property is, thereby giving
it quasi in rem jurisdiction), or (2) that a danger exists that the defendant will conceal the property, sell
it, or remove it from the state, or (3) that a danger exists that the defendant will damage or destroy the
property.

Writ of Attachment
A writ is a written order of a court, returnable to the same, commanding the performance or
nonperformance of an act. If the court allows an attachment, the judge signs a paper called a writ of
attachment. This written order is to the sheriff, commanding the sheriff to attach the real or personal
property of the defendant, up to an amount approved by the court.

11 When real property is attached, the writ of attachment or a notice of lis pendens (pending suit) is
recorded at the registry of deeds in the county where the property is located. This procedure has the
effect of putting a lien on the property until the lawsuit is completed. A lien (also called an
encumbrance) is a claim that one person or entity has against the property of another. The claim
attaches to the property until the lawsuit is completed. If the plaintiff obtains a judgment against the
defendant, an officer of the court, such as a sheriff, can sell the property under the court's direction and
obtain the money to satisfy the judgment.

If personal property is attached, the court officer may take possession of it, or in some circumstances
place a keeper over it, or sell it immediately as in the case of perishable property. With variations from
state to state, certain items are exempt from attachment, such as necessary wearing apparel, furniture
and books up to a particular value, tools necessary to carry on a trade, and materials and stock up to a
specified value. Other technical restrictions on the attachment of personal property exist.

Trustee Process and Garnishment

Sometimes, it is necessary to attach property of the defendant that is being held by another person. This
is most commonly done to attach money that the defendant has in a bank account or wages or other
money that has been earned by the defendant, but not yet paid. The procedure for attaching the
defendant's property that is in the hands of a third person is called trustee process in some states and
garnishment in others. To begin trustee process, the plaintiff's attorney obtains a trustee process
summons, or a writ of garnishment from the court, fills it out, and files it with the court, 8 together with
the complaint, a motion for approval of attachment on trustee process, and a supporting affidavit. The
defendant is notified (unless the attachment is on an ex parte basis), and a hearing is held by the court
to determine whether the trustee process attachment should be allowed. If it is allowed, the summons
is sent to the process server, who serves it on the trustee or garnishee (the one holding the defendant's
property). The summons orders the trustee to file, within a prescribed number of days after service, a
disclosure under oath of the goods, effects, or credits, if any, of the defendant that are in the possession
of the trustee at the time of service. In some states, trustee process cannot be used in actions for
malicious prosecution, slander, libel, assault and battery, and specific recovery of goods. Certain other
actions are also exempt from trustee process. With some exceptions, the plaintiff must file a bond with
the court before trustee process can be used. The bond is for the purpose of paying the defendant's
court costs and damages in the event that the attachment was wrongfully brought by the plaintiff.,