Civil and Criminal Cases Defined

·         A civil case, in its simplest terms, is an action involving a plaintiff and a defendant where the requested remedy is usually money damages.

Types:

·         Tort (private action)
·         Breach of Contract - (action involving parties to an agreement or contract where remedy is liquidated in nature)

Criminal Cases

·         Matters brought forward by the county state or federal government for violation of laws or ordinances
·         Prosecuting Party - Government
·         Defendant - Citizens
 Starting A Civil Case Writ of Summons

·         Single piece of paper that identifies the Plaintiffs and Defendants, the Court and Lawyers
·         Filed in the Clerk of Courts Office along with a filing fee and upon filing the lawsuit has officially commenced
 Once Summons is Filed

·         Plaintiff's Attorney must ensure it is "served" upon various defendants and organizations named in the lawsuit.
·         Delivered to the Sheriff or Constable to serve within (30) days
·         Entry of Appearance
·         Praecipe (request for a complaint from the plaintiff)
·         (20) days to file