Preliminary Phase

• The civil court operates using a four phase process. In understanding how the civil court works, the preliminary phase is the one in which a litigant appropriately initiates a case. Unlike a criminal case, in which the government (federal or state) acts as the prosecutor when a crime has been committed, a civil case is typically between people or entities in which one side claims the other failed to carry out a legal duty.
  
  During the preliminary phase, a plaintiff or petitioner files with the court a petition or complaint: a document that summarizes the facts and law relating to the underlying claim. The court then focuses on three primary matters.
  
  First, the court oversees the process of service of the summons and petition (or complaint) on the defendant. In the U.S. judicial system a defendant in civil court is guaranteed the right to be duly advised of the nature of the case filed against him and to be notified of the time and place in which he is to appear or take further action in regard to the case. If proper service is not accomplished in a timely manner (as established by the different procedural codes in each of the 50 states and in the federal judicial system) the case is dismissed.
  
  Second, assuming proper service occurs as to the defendant, the court then works to determine whether an actionable lawsuit has been filed. In other words, the court is called upon (usually by a motion filed by the defendant) to determine whether the plaintiff has set forth the basic elements of a claim for which he is entitled to relief from the court.
  
  Finally, during this preliminary phase, the court develops a comprehensive schedule for the case, leading up to and including a tentative trial date.
  
  

Discovery and Pre-Trial Phase

• The second tier included in a civil court case is the discovery and pre-trial phase. Discovery is the process through which each party to a lawsuit is entitled to obtain evidence from the other side. This is accomplished through such tools as depositions, requests for production of documents, requests for statements under oath (technically known as interrogatories) and related procedures.
  
  The court is not heavily involved in the discovery phase of the case unless a problem or complication occurs. The parties are expected to comply with reasonable discovery requests made by the opposition. The court tends to become involved when one of the parties files a motion to compel discovery, a motion requesting that the court order the other party to provide evidence.
  
  As the discovery process draws to an end, the court will conduct what is known as a pre-trial conference. The purpose of this session is three-fold. The court determines the actual status of the case (where the parties are in regard to gathering evidence from the opposition, for example), examines the prospects of settlement and deals with all major issues pertaining to a possible trial.
  
  In most cases, settlement negotiations have been ongoing. At this phase of the civil court process the judge very well may schedule a settlement conference to give the parties yet another chance to resolve the case short of a trial.
  
  

Trial and Resolution Phase

• The final phase of the civil court process is the resolution phase. The media and entertainment industry tend to leave the public with the belief that a trial is the natural and anticipated resolution of a civil case. In fact, in considering how the civil court works, only a small percentage of cases actually end up being tried. In most cases the lawsuit is either dismissed or settled before trial.
  
  During this phase, the court will entertain yet another type of motion to dismiss the case (in most jurisdictions known as a motion for summary judgment). If the case survives this process, the judge likely will encourage the parties to again attempt a settlement.
  
  Failing a settlement, the case will be brought before the court for trial. Following the presentation of evidence and arguments from both parties, the trial phase results in a verdict in favor of one or another of the parties.
  
  

Post-Trial Phase

• In many cases, the trial is not the final stop in the civil court system. Rather, most cases that end up being tried move forward to a post-trial phase. The parties to the case can file motions to reconsider or motions to set aside the judgment. These types of requests are designed to encourage the court to upset or overturn the judgment that was reached during the trial.