How does a civil case begin?

Answer 1

File a motion to appear in the Family Law Branch of the Civil DIvision of your local Circuit Court. When your hearing is granted be well prepared with good sound legal resasoning as to why the custody of the person you are challenging should be ended or altered, and custody awarded to you. It would probably be best if you retained an attorney to assist you with any such action.

Answer 2

First, a complaint is prepared in accordance with the rules of the court alleging the grounds for the dispute and it is filed with the court. Pay the filing fee. (There is always a fee, right?) Then a summons is prepared also in accord with rules of court and served upon the defendant. Small claims type of courts may provide forms. Upper courts will require the party to prepare the forms.

Answer 3

In order to win, you must show the decider of fact (judge or jury) that you have established all necessary elements to make your claim under the law by a preponderance of the evidence. Basically, you have to establish that it is more likely that not that things happened the way you say they did, and that under the law, if they happened that way, you are entitled to recover.

Answer 4

A civil lawsuit is one which revolves around paying restitution, rather than punishment through jail time. It is solved by having the case heard in front of a judge, and the judge issues a verdict for one party or the other.

Answer 5

The first step is to hire a good attorney who will ...

1) Investigate the claim;

2) Gather evidence;

3) Research the law;

4) Log the statute of limitations;

5) Attempt a settlement;

6) Draft and file a petition;

7) etc.