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CMU ISR 08732 - IndianaCivilProcessOverview

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Bench and Media Guide to InteractionOverview of the Civil Court ProcessMost lawsuits between individuals, corporations or government agencies seek to enforce individual rights orduties through money damages or other relief. They are generally referred to as “civil cases.” They include abroad range of legal subjects as diverse as personal injury, breach of contract, divorce proceedings and willcontests. They also include challenges by individuals or corporations to various government actions anddemands for a variety of services.On any given day, the following types of civil cases are filed in Indiana courthouses: A suit by a passenger in a car involved in an automobile accident seeking damages from the driver ofthe car that hit him; A suit by a corporation against a former employee seeking an order forbidding that employee from goingto work for a competitor; A suit by a shop owner against a customer seeking damages for nonpayment of an account; A suit by a landlord against a tenant seeking damages for nonpayment of rent and an order requiringthat the tenant be evicted from the property; A suit by a woman against her husband seeking a divorce and an order that the marital property bedivided and that she receive custody of the children and child support; A suit by welfare recipients challenging a reduction in the amount of money they receive under agovernment program; A suit by a government agency against the operator of a bingo game seeking an order shutting down theoperationAlthough the subject matter differs, all these actions proceed in much the same way, under most of the samerules. The suits seeking monetary relief generally can be tried to juries and those seeking orders generally areheard only by a judge. Some of the cases, such as the corporation’s suit involving the enforcement of a non-compete agreement and the landlord’s suit seeking eviction, are generally concluded quickly. Others can takemonths or years. And relatively few will actually go to trial as the vast majority of lawsuits are resolved beforetrial, either because of a defect in the claim or because the case is settled.What follows is a description of the stages of a typical civil case:Initial PleadingsComplaint or Petition: Almost all civil lawsuits begin with the filing of a Complaint or Petition with the court. AComplaint or Petition sets out the allegations that the person filing the documents believes entitles him to relief,states what relief is sought and often identifies the legal theory. Except in very rare instances, these documentsare public records available for view at the courthouse, either in the clerk’s office or the judge’s chambers.Increasingly, many court documents are available on-line. At this stage, the allegations have not been provedand are almost always a one-sided rendition. Complaints and Petitions are accompanied by a summons thatcontains the names, addresses and telephone numbers of the parties and attorneys. The person ororganization who files a Complaint or Petition becomes known as the Plaintiff or Petitioner.Early Motions: When immediate relief isnecessary because of time constraints, the Complaint or Petition maybe accompanied by a Motion requesting a Temporary Restraining Order. The purpose of this motion is tomaintain the status quo for a short period of time until a hearing can be conducted. Although such motions arereferred to as “extraordinary,” they are often granted, usually for 10 days without a hearing, to allow the courtand parties to determine if the matter before the court should be expedited.Responsive Pleadings: The person or entity sued, known as the Defendant or Respondent, has about threeweeks to file a response or seek an extension of time. The response can take several forms: An Answer inwhich the party either admits or denies the allegations. Responsive Motions or Pleadings (see below) in whichthe party sets out defenses or makes claims, or in which the party asks the court to act. Claims by theDefendant against the Plaintiff are called Counterclaims. Claims by the Defendant against another Defendantare called Cross-Claims. Both Counterclaims and Cross-Claims resemble Complaints as they containPage1of5Bench and Media Guide : Civil Process Overview9/14/2007mhtml:file://C:\CMU\LawCourse2007\readings\Courts\IndianaCivilProcessOverview.mhtallegations and seek relief, and both require responsive pleadings of their own. These documents are publicdocuments.Preliminary Motions: Responsive Pleadings may be accompanied by or take the form of Preliminary Motions.Some of them include: Motion for Change of Venue which usually contests the place in which the suit was filed on the groundsthat the trial rules require the action be filed in a different county or court; Motion for Change of Judge which requests that a suit be assigned to a different judge. Indiana permitssuch a change without the parties or lawyers giving a reason. Motion to Strike which requests that portions of the Complaint or Petition be stricken or removed as“scandalous” or “impertinent.” While relatively uncommon, these motions contest allegations that couldbe defamatory if they were contained in something other than a document filed in court. ( Indianagenerally shields statements made before the court from defamation actions.) Motions to Dismiss which can end the suit either because the action was untimely or because, even ifthe allegations are correct, no legal relief is warranted. Motions to dismiss are accompanied by briefssetting out the legal arguments. Petition for Removal which states a federal court as opposed to state court should hear the casebecause the subject matter is one of federal law or because the defendants are all from another state.Such motions are public record and are generally ruled upon by the court without a public hearing. Except forMotions to Dismiss, the case can proceed even if the motion is granted.Pre-Trial PracticeAfter the preliminary issues are sorted out, the court establishes deadlines and sets the matter for trial. Thecourt may also order the parties to mediation, formally known as Alternative Dispute Resolution, to see if thecase can be resolved short of trial. Except in cases filed in Small Claims Court, the actual trial date is often setmore than a year after the case is filed.DiscoveryDuring this time period, the parties through their lawyers attempt to identify and gather the information they


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CMU ISR 08732 - IndianaCivilProcessOverview

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