A civil lawsuit is a legal dispute filed in court between two or more parties, seeking money damages or another court-ordered remedy rather than criminal punishment. One party, the plaintiff, claims another party, the defendant, caused harm and asks a judge to order relief.
A civil lawsuit moves through defined stages: pleadings, discovery, motions, trial, and judgment, with an appeal possible afterward. The plaintiff only has to prove the claim by a preponderance of the evidence, a lower bar than the beyond-a-reasonable-doubt standard used in criminal cases. Common types include contract disputes, torts, property disputes, and class actions. The court that hears the case depends on jurisdiction and, often, the dollar amount at stake. Remedies range from compensatory and punitive damages to injunctions and declaratory relief. A filing deadline called the statute of limitations applies to every claim.
Most civil lawsuits never reach a verdict. The vast majority settle before trial, once both sides see how the evidence and the law line up. That settlement process, what it involves and why parties choose it, is its own subject worth understanding on its own terms.
What Is a Civil Lawsuit?
A civil lawsuit is a court proceeding in which one party seeks a legal or equitable remedy against another party rather than criminal punishment.
A civil lawsuit generally begins when the plaintiff files a complaint or other initiating pleading with a court. The plaintiff must then complete any required service of process on the defendant.
Civil lawsuits can involve individuals, businesses, organizations, and government entities. Unlike a criminal prosecution, a civil lawsuit does not require the government to prosecute an alleged crime.
Common civil lawsuits involve contract disputes, personal injuries, property disputes, employment claims, business disputes, civil rights claims, and other legal rights or obligations.
A civil lawsuit is a type of civil action conducted through the judicial system. Civil actions differ from criminal prosecutions and generally differ from administrative proceedings conducted before government agencies.
Who Are the Parties in a Civil Lawsuit?
The party who brings a civil lawsuit is generally called the plaintiff, and the party against whom the lawsuit is brought is generally called the defendant.
A plaintiff may seek monetary damages, an injunction, declaratory relief, restitution, enforcement of a legal obligation, or another remedy authorized by law.
After proper service, a defendant generally must answer, move against the complaint, or otherwise respond within the deadline established by the applicable procedural rules.
Response deadlines vary by jurisdiction, court, case type, method of service, and procedural circumstances. Under the Federal Rules of Civil Procedure, for example, a defendant generally has 21 days after being served with the summons and complaint to answer, subject to exceptions.
A defendant who fails to respond can face an entry of default and, if the applicable requirements are satisfied, a default judgment.
Other parties can also enter a civil lawsuit. These parties can include counterclaim defendants, crossclaim defendants, third-party defendants, intervenors, and members or representatives of a certified class.
The term claimant is used in some legal contexts for a person asserting a claim, but it is not always interchangeable with plaintiff. A plaintiff specifically refers to a party who initiates a lawsuit in court.
What Is Standing in a Civil Lawsuit?
Standing determines whether a particular plaintiff is legally entitled to ask a court to decide a dispute.
Standing requirements depend on the jurisdiction and type of claim.
In federal court, Article III standing generally requires a plaintiff to establish an injury in fact, causation, and redressability.
Standing does not determine whether the plaintiff will ultimately win the case. A plaintiff can have standing to sue and still fail to prove the underlying claim.
How Is a Civil Lawsuit Different From a Criminal Case?
The main difference between a civil lawsuit and a criminal case is that a civil lawsuit generally determines civil rights and remedies, while a criminal case determines whether the government has proved a criminal offense and what punishment may follow.
A civil lawsuit is brought by a plaintiff against a defendant. Plaintiffs can include individuals, businesses, organizations, and government entities.
A criminal prosecution is brought by a government against a defendant accused of violating criminal law.
A successful civil lawsuit can result in damages, restitution, an injunction, declaratory relief, or another civil remedy.
A criminal conviction can result in imprisonment, probation, fines, restitution, or other criminal sanctions.
The same conduct can sometimes produce both civil and criminal proceedings. For example, conduct that causes an injury can support a civil damages claim while also constituting a criminal offense.
What Are the Types of Civil Lawsuits?
Common types of civil lawsuits include contract claims, tort claims, property disputes, employment claims, business disputes, civil rights claims, and class actions.
Major categories include:
- Contract and breach-of-contract lawsuits
- Tort claims, including negligence and intentional torts
- Personal injury and wrongful death lawsuits
- Property and real estate disputes
- Employment and workplace claims
- Business and commercial disputes
- Civil rights claims
- Consumer protection claims
- Class actions
The exact claims available depend on federal law, state law, the facts of the dispute, and the court hearing the case.
What Is a Contract Dispute Civil Lawsuit?
A contract dispute civil lawsuit arises when one party alleges that another party violated an enforceable contractual obligation.
The elements of a breach-of-contract claim vary by jurisdiction.
A plaintiff generally must establish the existence of an enforceable contract, the plaintiff's performance or a valid excuse for nonperformance, the defendant's breach, and resulting damages or another basis for relief.
Contract remedies can include monetary damages, restitution, or specific performance when the applicable legal requirements are satisfied.
What Is a Tort-Based Civil Lawsuit?
A tort-based civil lawsuit seeks a civil remedy for conduct that the law recognizes as a wrongful injury to a person, property, reputation, or another protected interest.
Torts include negligence and intentional torts such as battery, assault, trespass, and defamation.
A negligence claim generally requires the plaintiff to establish duty, breach, causation, and legally recognized damages.
Not every tort requires physical injury. Tort law can also protect property, reputation, privacy, economic interests, and other legally protected interests.
What Is a Class Action Civil Lawsuit?
A class action civil lawsuit allows one or more representative plaintiffs to litigate qualifying claims on behalf of a defined group when the applicable class-action requirements are satisfied.
A lawsuit does not become a class action simply because several people suffered similar harm.
The proposed class generally must be certified by the court.
In federal court, Rule 23 generally requires the proposed class to satisfy requirements including numerosity, commonality, typicality, and adequacy of representation, along with the requirements of at least one applicable Rule 23(b) category.
Class actions commonly arise from consumer, securities, employment, antitrust, privacy, civil rights, and product-related disputes.
What Is a Property Dispute Civil Lawsuit?
A property dispute civil lawsuit resolves competing rights or obligations involving real or personal property.
Property disputes can concern ownership, boundary lines, easements, possession, trespass, nuisance, leases, property damage, liens, or other property rights.
The available remedy depends on the claim and can include damages, an injunction, possession of property, or a judicial determination of ownership or other rights.
What Are the Stages of a Civil Lawsuit?
A civil lawsuit generally proceeds through filing and service, pleadings, discovery, motions, trial, judgment, post-trial proceedings, and a possible appeal.
Many civil lawsuits end before trial through settlement, dismissal, summary judgment, or another pretrial resolution.
The exact procedure depends on the jurisdiction, court, case type, and applicable procedural rules.
How Does a Civil Lawsuit Begin?
A civil lawsuit generally begins when the plaintiff files a complaint or other authorized initiating document with a court.
The complaint identifies the parties, states the factual and legal basis for the plaintiff's claims, and requests relief from the court.
Filing a lawsuit and notifying the defendant are separate procedural steps.
The plaintiff generally must complete service of process according to the applicable procedural rules.
Service usually provides the defendant with a summons and complaint and formally notifies the defendant that a lawsuit has been filed.
Failure to complete timely and legally sufficient service can delay the case or, in some circumstances, lead to dismissal.
What Are Pleadings in a Civil Lawsuit?
Pleadings are formal documents in which parties state claims, defenses, and other matters recognized by the applicable procedural rules.
The complaint and answer are the principal pleadings in many civil lawsuits.
A defendant's answer generally admits or denies the allegations in the complaint and states applicable defenses.
A defendant can also assert counterclaims against the plaintiff.
Depending on the case and procedural rules, pleadings can also include answers to counterclaims, answers to crossclaims, third-party complaints, answers to third-party complaints, and court-ordered replies.
What Are Affirmative Defenses in a Civil Lawsuit?
An affirmative defense asserts a legal or factual reason that can defeat or limit a plaintiff's claim even when some or all of the plaintiff's allegations are otherwise established.
Examples can include the statute of limitations, payment, release, waiver, estoppel, res judicata, and other defenses recognized by applicable law.
Defendants generally must raise applicable affirmative defenses according to the governing procedural rules or risk losing the ability to rely on certain defenses later.
What Happens During Discovery in a Civil Lawsuit?
Discovery in a civil lawsuit allows parties to obtain nonprivileged information relevant to the claims and defenses, subject to procedural rules and court-imposed limitations.
Common discovery methods include:
- Depositions
- Interrogatories
- Requests for production
- Requests for admission
- Physical or mental examinations when authorized
- Subpoenas directed to nonparties
- Required or court-ordered disclosures
A deposition records sworn testimony given outside trial, usually before a court reporter or another authorized officer.
Interrogatories are written questions that another party answers in writing under oath.
Requests for production seek documents, electronically stored information, tangible items, or access for inspection.
Requests for admission ask another party to admit or deny specific facts or propositions.
Courts can limit discovery that is privileged, disproportionate, unduly burdensome, or otherwise outside the permissible scope of discovery.
What Motions Can Be Filed in a Civil Lawsuit?
Civil litigants can file motions asking the court to resolve procedural, evidentiary, or substantive issues before, during, or after trial.
A motion to dismiss can seek dismissal because of defects such as lack of subject-matter jurisdiction, lack of personal jurisdiction, insufficient service, or failure to state a legally sufficient claim, depending on the applicable rules.
A motion for summary judgment asks the court to decide a claim or defense without trial when there is no genuine dispute of material fact requiring trial and the moving party is entitled to judgment as a matter of law.
Other motions can address discovery disputes, evidence, amendment of pleadings, sanctions, judgment as a matter of law, or post-trial relief.
Can a Civil Lawsuit Settle Before Trial?
Yes. Parties to a civil lawsuit can settle before trial, during trial, or in some cases while an appeal is pending.
Settlement allows the parties to resolve some or all disputed claims through an agreement instead of obtaining a judicial decision on the merits.
Parties can negotiate directly or use alternative dispute resolution methods such as mediation.
Mediation uses a neutral mediator to help the parties attempt to reach their own agreement.
Arbitration differs from mediation because an arbitrator generally decides the dispute and issues a decision, while a mediator does not decide who wins.
Some contracts or laws require arbitration or another dispute-resolution process for particular disputes.
What Happens at Trial in a Civil Lawsuit?
A civil trial allows the parties to present admissible evidence and arguments so a judge or jury can decide disputed issues that remain unresolved.
In a jury trial, jury selection generally occurs before opening statements.
The plaintiff normally presents evidence first because the plaintiff generally bears the burden of proving the claim.
The defendant can cross-examine the plaintiff's witnesses and then present evidence supporting the defense.
Each side can present witnesses, documents, expert testimony, physical evidence, and other admissible evidence.
After the evidence closes, the parties generally make closing arguments.
In a jury trial, the judge instructs the jury on the governing law before the jury reaches its verdict.
In a bench trial, the judge determines the relevant facts and applies the law without a jury.
How Is Judgment Reached in a Civil Lawsuit?
Judgment in a civil lawsuit is the court's formal determination of the parties' rights and obligations in the case.
In a jury trial, the jury ordinarily returns a verdict resolving factual questions submitted to it.
The court then enters judgment consistent with the verdict and applicable law.
In a bench trial, the judge generally determines both the relevant facts and the legal consequences.
A judgment can award damages, order equitable relief, declare legal rights, dismiss claims, or provide another remedy authorized by law.
What Happens After Judgment in a Civil Lawsuit?
Post-judgment proceedings can address challenges to the judgment, costs, attorney's fees, enforcement, and appeals.
Depending on the applicable rules, a party can seek a new trial, amendment of the judgment, judgment as a matter of law, relief from judgment, or another authorized form of post-trial relief.
Winning a money judgment does not always result in automatic payment.
A judgment creditor can need to use enforcement procedures to collect an unpaid judgment.
Available enforcement procedures can include liens, wage or bank garnishment, execution against nonexempt property, and other methods permitted by applicable law.
Can a Civil Lawsuit Be Appealed?
Yes. A party can generally appeal an appealable civil judgment or order when the applicable appellate rules permit review.
An appellate court primarily reviews claimed legal or procedural errors rather than conducting a new trial.
Different issues receive different standards of review.
Appellate courts generally review legal questions de novo, meaning without deference to the trial court's legal conclusion.
Factual findings made by a trial judge ordinarily receive a more deferential standard of review.
An appeal can result in affirmance, reversal, modification, vacatur, or remand for additional proceedings.
Strict deadlines govern appeals, and missing the applicable deadline can eliminate the right to appellate review.
What Standard of Proof Applies in a Civil Lawsuit?
Most ordinary civil claims use the preponderance-of-the-evidence standard, meaning the factfinder must determine that a disputed fact is more likely true than not.
Criminal prosecutions require proof beyond a reasonable doubt for conviction, which is a higher burden than the ordinary civil preponderance standard.
Some civil claims or issues use the higher clear-and-convincing-evidence standard.
The applicable burden of proof depends on the claim, issue, jurisdiction, and governing law.
Civil jury verdict requirements also vary by jurisdiction and case type.
Federal civil jury verdicts generally must be unanimous unless the parties stipulate otherwise.
What Court Has Jurisdiction Over a Civil Lawsuit?
A court generally needs subject-matter jurisdiction over the type of dispute and personal jurisdiction over the parties against whom its authority is exercised.
Subject-matter jurisdiction determines whether a court has authority to hear a particular category of case.
Personal jurisdiction determines whether the court has authority over a particular defendant or other party.
Federal courts have limited subject-matter jurisdiction.
Common bases for federal jurisdiction include federal-question jurisdiction and diversity jurisdiction when the statutory requirements are satisfied.
State courts generally have broader subject-matter jurisdiction, although states can divide cases among courts based on subject matter, remedy, or amount in controversy.
Small-claims and limited-jurisdiction courts can impose monetary or subject-matter limits that vary by jurisdiction.
Venue is related to jurisdiction but is a separate legal concept.
Venue determines which geographic judicial district, county, or other court location is an appropriate place for the lawsuit.
Depending on the defect and applicable law, a case filed in an improper forum can be dismissed, transferred, or otherwise redirected.
Under Erie Railroad Co. v. Tompkins (1938) and related doctrine, a federal court exercising diversity jurisdiction generally applies state substantive law and federal procedural law.
What Remedies Can You Win in a Civil Lawsuit?
The remedies available in a civil lawsuit can include monetary damages, restitution, injunctions, specific performance, and declaratory relief, depending on the claim and governing law.
Compensatory damages seek to compensate a plaintiff for legally recognized losses caused by the defendant.
Depending on the claim, damages can cover losses such as medical expenses, lost income, property damage, and recoverable economic or noneconomic harm.
Punitive or exemplary damages can be available under some laws for qualifying misconduct, but they are not available for every civil claim or in every jurisdiction.
An injunction is a court order requiring a party to perform or stop specified conduct.
Specific performance can require a party to carry out a contractual obligation when the legal requirements for that equitable remedy are satisfied.
Declaratory relief establishes the parties' legal rights or obligations without necessarily awarding damages.
Restitution generally seeks to restore a benefit or prevent unjust enrichment rather than compensate the plaintiff under ordinary compensatory-damages principles.
Who Pays Attorney's Fees and Costs in a Civil Lawsuit?
Litigation expenses are allocated according to applicable statutes, procedural rules, contracts, court orders, and other governing law.
Under the traditional American Rule, each party generally pays its own attorney's fees unless a statute, contract, court rule, sanction, or recognized exception authorizes fee shifting.
Court costs are separate from attorney's fees.
A prevailing party can often recover certain taxable court costs when procedural rules or statutes permit them.
Is There a Deadline to File a Civil Lawsuit?
Most civil claims are subject to a statute of limitations or another filing deadline that depends on the claim and governing law.
The applicable limitations period can vary by state, federal statute, type of claim, identity of the parties, and other circumstances.
Determining the deadline requires more than identifying the number of years in the limitations period.
The law also determines when a claim accrues and whether a discovery rule, tolling doctrine, statute of repose, or another exception changes the deadline.
Some claims against government entities also require a person to submit an administrative notice or claim before filing a lawsuit.
Missing an applicable limitations deadline can bar a claim, although the effect and available exceptions depend on governing law.
How Does a Civil Lawsuit Usually End?
A civil lawsuit can end through settlement, voluntary or involuntary dismissal, summary judgment, trial and judgment, default judgment, or another court-authorized disposition.
Many civil lawsuits resolve without a trial, although the percentage varies by court, jurisdiction, and case type.
A settlement is an agreement in which the parties resolve disputed claims on negotiated terms.
Settlement can occur before a lawsuit is filed or at virtually any stage after filing.
A settlement differs from a judgment.
A settlement is primarily a negotiated agreement between the parties, while a judgment is an official court determination.
Settlement agreements commonly address payment, dismissal of claims, releases, confidentiality when permitted, allocation of costs, and other obligations.