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The Basics of Civil Litigation Process

The civil litigation process begins with the preparation and filing of a complaint. The defendant is then served with a summons by the clerk of court. The defendant has options to answer the complaint, file a motion to dismiss, or allow a default judgment by not answering. Discovery and pre-trial proceedings then take place before the trial begins. At trial, the plaintiff presents evidence to support their claim and then rests their case. The defendant then has the option to present their own evidence or file a demurrer to the evidence. After trial, judgment is entered and post-judgment remedies are available if needed.

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247 views

The Basics of Civil Litigation Process

The civil litigation process begins with the preparation and filing of a complaint. The defendant is then served with a summons by the clerk of court. The defendant has options to answer the complaint, file a motion to dismiss, or allow a default judgment by not answering. Discovery and pre-trial proceedings then take place before the trial begins. At trial, the plaintiff presents evidence to support their claim and then rests their case. The defendant then has the option to present their own evidence or file a demurrer to the evidence. After trial, judgment is entered and post-judgment remedies are available if needed.

Uploaded by

DITC
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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THE BASICS OF CIVIL LITIGATION PROCESS (SUMMARY)

-No cause of action


No answer made
Preparation of -Wrong jurisdiction (motu proprio)
Complaint -Wrong venue (upon motion)
-Prescribed
-Non-compliance with condition precedent Dismissal
-No signed
-Forum shopping (upon motion)

Non-payment of docket fees within the


Dismissal
reasonable time BUT before prescription-
no jurisdiction

Filing of Dismissal by plaintiff


Before Answer-matter of right Dismissal
Complaint
After Answer court discretion

Amendment by plaintiff
Before responsive pleading is served-
matter of right
After responsive pleading is served- court
discretion

Defendants options:
Service of 1. Answer
summons by 2. Motion for Bill of Particulars if
the Clerk of complaint is ambiguous
Court 3. Motion to Dismiss (MtD)
4. Does not Answer (Judgment by
default

No ground for MtD


or denied by Court Complaint in intervention: Stranger
asserts a claim against one or all of the
parties

Answer by defendant
No answer made Judgment by default

No answer made Admission of claim

No denial. No triable issue Judgment based on pleadings

Issue does not cover material fact


Summary Judgment

Counterclaim to plaintiff
Reply by Plaintiff
Cross claim to co-defendant

3rd party complainant to a stranger Purpose: contribution,


indemnity, subrogation, other
relief

Answer-in-intervention: Stranger
unites with the defendant in resisting a
claim by plaintiff

After last pleading has been


served and filed

Pre-Trial Modes of Discovery

(Mandatory)
Alternative modes of dispute
resolution

No settlement or
compromise
Defendant then: Demurrer to evidence:
Presents
own; or Denied may still
Present evidence by plaintiff.
Trial Demurrer present evidence
Then rests.
to evidence Granted denied on
appeal waives right to
present evidence

Judgement
Before judgment -Motion for Reconsideration
becomes final and - Motion for New Trial
executory -Appeal
Post Judgment
Remedies
After judgment -Petition for Relief
becomes final and - Action to annul judgment
executory - Certiorari (R65)

Execution Judgment becomes final and executory

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