Civil Justice FAQ

How is a civil action started?
A civil case is one in which a party (a person, a company or the Government) is in dispute with another party and seeks compensation or some other remedy under a law other than criminal law.
To start a civil action, one party lodges a document in the court registry called Plaint. The contents of plaint must be verified on oath. The type of document required depends on the nature of the action and the court involved. Lodging a writ in the Supreme Court or a plaint in the District Court are the most common ways to start a civil action.
The plaintiff is the party in whose name the writ or plaint is issued. The defendant is the party alleged to have infringed the plaintiff's rights. The plaintiff must ensure that the defendant is served with the writ or plaint.

What does the defendant do?
The defendant must acknowledge receipt of the writ or plaint within a certain time. To do this the defendant has to lodge a form generally referred to as an appearance.
If the defendant does not lodge an appearance or raise any other objections, the case proceeds exparte and the judgment is given according to the law. If the defendant does lodge an appearance, the case is considered to be defended and continues.
What happens next?
The matter continues by the exchange of various documents called pleadings. These include a statement of claim, supplied by the plaintiff, which details the case and indicates the remedy being sought.
The defendant may supply a defense, called Written Statement, which admits or denies each claim made by the plaintiff in the statement of claim.
If the defendant believes he or she has legal claims, against the plaintiff, that are connected to the dispute, a counterclaim can be made in the same matter.

What happens during the trial?
When the plaintiff and defendant have prepared their cases, the action will be set down for trial. The trial is heard before a judge .
The plaintiff's case is stated first and the defendant's follows. The plaintiff can then respond to any issues the defendant has raised.
The plaintiff must produce enough evidence to establish that his or her case outweighs the defendant's arguments. This standard of proof is known as the balance of probabilities.
Evidence in civil trials can be by witnesses' testimony or sworn statements known as affidavits.

How is the judgment delivered?
When each party has finished its submission, the judge may give a judgment at that time or reserve the decision until a later date.
In a civil trial the terms 'guilty' and 'not guilty' are not used. If the plaintiff is successful, judgment is made against the defendant which is called suit is decreed as prayed. Judgement is followed by preparation of a Decree. This usually means that the defendant is ordered to pay monetary compensation or costs to the plaintiff.

If the plaintiff is not successful, that is the end of the case. Costs may be awarded to the defendant.

Any party unhappy with the decision can lodge an appeal in the Court of District Judge.

How to File a Civil Suit?
Life Cycle of a Civil Suit