How to File a Civil Suit - A Roadmap to Trial in NC Civil Court
The Civil Litigation process can be a confusing process. Consult our roadmap to trial or schedule a consultation a civil litigation lawyer!
Civil Litigation Process
The complexity of civil litigation in North Carolina can be overwhelming. While your attorney will be well-versed in this area, it’s still important to understand the basic process in a civil litigation case and the steps to take, from filing the suit to meeting in court. Take a closer look at the NC civil court process and outlines a typical civil lawsuit at the Superior Court level.
Levels of Civil Court
In North Carolina, there are three levels of trial court that handle civil litigation: Small Claims/Magistrate Court, District Court, and Superior Court. What warrants a case to be filed on the Superior Court level?
A key factor in determining which level of court to litigate a case depends on the dollar amount being disputed.
- Small Claims/Magistrate Court is the lowest level, handling disputes involving up to $10,000.
- District Court is the next level, which handles disputes up to $25,000.
- Superior Court is the upper level trial court, and handles disputes over $25,000.
The Path to Superior Court
Civil litigation isn’t always black and white, but the general steps that occur along the path to a trial in Superior Court are:
1. Complaint: The Start of a Civil Lawsuit
To start a lawsuit, the Plaintiff (the party that initiates the lawsuit) will have to file a complaint. To file a complaint, a document is prepared by a civil litigation attorney to spell out the facts and define the legal remedies being sought.
If the Plaintiff is seeking more than $25,000, the case will usually be filed in Superior Court. In North Carolina, the Clerk of Court charges a $200 fee for the complaint to be filed.
2. Service: Delivery of the Summons & Complaint to the Defendant
Next, the Plaintiff’s attorney has to obtain proper delivery of the summons and complaint to the Defendant (the party being sued). The summons is a document issued by the Clerk that accompanies the complaint, and puts the Defendant on official notice that a lawsuit has been filed against him.
Proper delivery of these documents to the Defendant is known as service of process. Service can be obtained in several ways, including delivery by the sheriff or by certified mail.
3. Responsive Pleading: 30 Days for the Defendant to Respond
Once the Defendant has been served, the Rules of Civil Procedure allow him/her 30 days to file an answer or other response (such as motion to dismiss). This is known as the responsive pleading.
There is a procedure to obtain an additional 30 days to file this response, but these deadlines are strict and failing to act in time can be disastrous.
4. Discovery: Information Gathering & Depositions to Build the Case
After the Defendant has filed their answer, the process of discovery takes place. The purpose of discovery is to allow time for both sides to gather information on the case and learn as much as possible about the facts, so that they can adequately try their case before the judge or jury.
Here, the lawyers for both sides exchange written questions and requests for copies of documents. Each side is legally required to provide their answers and render the requested documents.
Often, depositions are taken, where the attorneys question parties and witnesses under oath, and the answers are transcribed for later use in court.
5. Mediation: An Attempt to Settle Outside the Courtroom
The last step on the path to Superior Court trial, most lawsuits in the Superior Court Division are ordered to mandatory mediation. The idea of mediation is to attempt to resolve the dispute outside of the courtroom, and help litigants arrive at a compromise settlement.
Typically, the attorneys for the two sides agree on a third party mediator to preside over the mediation conference. Mediators are often other lawyers or retired judges that have had specialized training in dispute resolution.
A mediated settlement is often beneficial to both sides and avoids taking the case to trial, saving everyone involved time and resources.
6. Trial: Settling the Case in Superior Court
If the parties cannot come to an agreed resolution in mediation, then the case moves forward to trial.
At the trial, the Plaintiff’s and Defendant’s attorneys will present their cases to a Superior Court judge and jury, who will preside over the court and hand down the ruling.
Civil litigation rules are complex, and the consequences are serious. An experienced, knowledgeable lawyer is absolutely vital when facing the prospect of litigation in Superior Court.
Civil law attorney Hank Doyle has represented Cary, Raleigh, Apex, Wake Forest , and Rolesville clients in Superior Court civil litigation cases for 20 years.
