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What is the procedure in a civil action?
A person injured by the wrongful conduct of another may be able to obtain relief from the court and bring a civil action against the wrongdoer.
A civil action involves two parties. Each of these parties may consist of one or more persons. The party who brings a civil action in order to enforce a private right is the plaintiff. The party against whom the civil action is brought is the defendant.
In state courts, the plaintiff begins a civil action by filing of complaint with the clerk of the court. This step is usually done by the attorney for the plaintiff.
The complaint states the plaintiffs claims, which allegedly justify the relief demanded.
Next, the defendant must be properly served with a copy of the complaint and with a summons. The summons is a court order, obtained by the plaintiff, which directs the defendant to answer the complaint. The defendant normally files an answer (statement in reply). In the answer, the defendant may do any one of the following:
1. Declare that even if the facts alleged in the complaint are true, they do not constitute a wrong for which the defendant has any duty to pay or otherwise act. This is an issue of law which is decided by the judge in a hearing.
2. Deny the truth of the facts alleged in the complaint. This raises an issue of fact. The dispute can then proceed to trial.
3. Admit the facts alleged but introduce other facts that excuse the defendant from liability. The dispute can then proceed to trial.