The two major differences between a civil ligation and a criminal litigation are the way the first approach is taken to begin the procedure of litigation and the processes leading up to and to the moment of a trial. They both generally follow the same guidelines but there are many key differences that will play out. In a criminal litigation, an arrest of a suspect is made where law-enforcement sees probable cause and then the complaint is filed by the prosecuting attorney if there is found to be sufficient evidence against the suspect. After the arrest is made, the defendant is brought before the judge, usually within 24-hours of the arrest, in order to make their initial appearance. The time allowed between the arrest and the initial
…show more content…
This document states the facts of the plaintiff’s action against the defendant and sets forth the damages, judgment, or other relief sought. Once the defendant receives the complaint or of summons, they will begin to serve their initial pleadings. These initial pleadings include the Answer, Counterclaim, Cross Claim, Motion to Quash Service of Summons, and the Motion to Strike. After the filing and service of the last pleading allowed by court rules, the parties begin the discovery period and in most cases, this occurs after a reply or motion to dismiss has been filed. Discovery comes in two forms: oral and written. Oral discovery consists of depositions, and written discovery includes interrogatories, request for admission, requests for the production of documents, and the request for mental or physical examination. Once all of this is done, a summary judgment may be appropriate if facts in the case are clear and the only question is how the law should be applied to those facts. This will allow the case to have no need to go to trial if the motion is granted. If this is denied, the case will proceed to trial. The trial of a civil case follows along the same guidelines of that of a criminal case with the only difference because that the case-in-chief does not exist in a civil proceeding. Once the opening statements are made, the introduction of evidence begins and closing statements are made. Once this is done, the judge gives the instructions to the jury and the deliberation is made. Once they are finished, the verdict is entered and the judgment is
This document states the facts of the plaintiff’s action against the defendant and sets forth the damages, judgment, or other relief sought. Once the defendant receives the complaint or of summons, they will begin to serve their initial pleadings. These initial pleadings include the Answer, Counterclaim, Cross Claim, Motion to Quash Service of Summons, and the Motion to Strike. After the filing and service of the last pleading allowed by court rules, the parties begin the discovery period and in most cases, this occurs after a reply or motion to dismiss has been filed. Discovery comes in two forms: oral and written. Oral discovery consists of depositions, and written discovery includes interrogatories, request for admission, requests for the production of documents, and the request for mental or physical examination. Once all of this is done, a summary judgment may be appropriate if facts in the case are clear and the only question is how the law should be applied to those facts. This will allow the case to have no need to go to trial if the motion is granted. If this is denied, the case will proceed to trial. The trial of a civil case follows along the same guidelines of that of a criminal case with the only difference because that the case-in-chief does not exist in a civil proceeding. Once the opening statements are made, the introduction of evidence begins and closing statements are made. Once this is done, the judge gives the instructions to the jury and the deliberation is made. Once they are finished, the verdict is entered and the judgment is