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Party A has been injured by the wrongful conduct of Party B. Party A wants to file a lawsuit against Party B. How does Party A do this? And what happens with the civil case thereafter? Here we will focus on how a civil case between Party A (a plaintiff) and Party B (a defendant) would progress in the US district courts. Civil cases in the district courts are governed by the Federal Rules of Civil Procedure (FRCP), which went through significant amendments in 2007. Nearly all states have similar rules in their state court systems.

According to the FRCP, the parties and court should administer and construe the FRCP “to secure the just, speedy, and inexpensive determination” of a civil case. You may access the FRCP and review its specific rules. In analyzing the steps of a civil case, we will assume that both parties are represented by attorneys.

Therefore, when we refer to a party, we will not also mention its attorney because we are assuming that a party is acting through its attorney. The main steps in a civil case in the district courts are pleadings, motions, scheduling conference and order, discovery, pretrial conference and order, trial, and appeal.

9.1 Pleadings Pleadings are documents containing factual allegations that parties file with the court and serve on the other parties. The principal pleadings are the complaint, answer, and counterclaim, and crossclaim.

A plaintiff commences a civil case by filing a complaint with the court. A complaint is a “short and plain statement” of a plaintiff’s claims with supporting facts showing that the plaintiff is entitled to judgment against the defendant.

Each of the plaintiff’s allegations must be simple, concise, and direct. The court does not require any technical form and there are no magic words that a plaintiff must use; in fact, a court will construe a complaint (and the other pleadings) “so as to do justice.” A plaintiff must state its allegations in numbered paragraphs, each of which should be limited to a single set of circumstances. If a plaintiff files a case as a class action (see chapter 8 at 8.1), the court must make a decision to certify the class before the suit is permitted to move forward.

A class action is required to have four specific characteristics: (1) numerosity, a class large enough that it makes individual lawsuits impractical; (2) commonality, or one or more factual or legal claims common to all members of the class and predominating over individual issues; (3) typicality of the claims or defenses raised as representative of those for the entire class of plaintiffs or defendants; and (4) adequacy, the ability of the parties bringing suit as representatives of the class to adequately represent and protect the interests of other class members. If the court certifies the class, the persons or organizations (i.e., other potential plaintiffs) that would fall within the class are generally given notice and a period of time to opt out, so as to permit them to pursue their own cases individually. Those who do not opt out are included in the class and are subject to the court’s judgment (or a settlement approved by the court) that arises out of the litigation. A plaintiff serves the complaint with a summons on the defendant. A summons is a notice of the lawsuit; it requires the defendant to answer the complaint. The plaintiff typically hires a private process server to serve the complaint and summons on a defendant who resides in the state. Depending on the state, service may be made either on the in-state defendant personally or on another adult person in the defendant’s household.