A civil lawsuit is different from a case in family law or criminal law. The subject matter involves disputes over such things as land, or a contract, or a will. It also may involve a wrongful dismissal, or personal injury, or the collection of a loan.
The lawsuit, or action, begins with a document called a statement of claim. The claim sets out the “cause of action” which puts forward the reasons for a case against another person. The person claiming, or complaining, is called the plaintiff. The person defending the lawsuit, the defendant, replies to the claim with a statement of defence putting forward the reasons that the claim should not succeed.
After this exchange of statements, the plaintiff and defendant must disclose to each other all relevant documents. These are listed in an affidavit of documents. The parties then conduct an oral questioning of each other to discover what evidence will be relied upon at trial. This examination for discovery takes place in an office setting without a judge present. But the examination is conducted under oath and is similar to a court examination of a witness that you see on TV.
The last stage of the action before trial is a pre-trial conference which takes place before a judge. The purpose of the pre-trial is for the judge to give an opinion on the merits of the claim and defence and to encourage settlement. The vast majority of civil lawsuits settle before trial to avoid the legal expense involved in going to trial.
