![]() ![]() Under the Arizona Rules of Civil Procedure (Rule 3), a civil lawsuit begins when the “plaintiff” files a formal Complaint with a court. How does someone start a basic civil lawsuit? (The Sixth Amendment is interpreted to guarantee the right to assistance of counsel when the defendant faces the possibility of imprisonment for more than one year (as under a “felony” charge) or actually is imprisoned.) However, in a criminal case, in which the defendant faces not only the prospect of losing money but also the prospect of lengthy imprisonment and possibly even death (for capital murder in Arizona), the defendant has a right to the assistance of counsel under the Sixth Amendment to the United States Constitution. In a civil lawsuit, the defendant must either represent herself or pay for a private attorney or obtain a legal aid attorney after qualifying financially. Certain acts are made “criminal” because they are considered to be harmful not only to the specific individuals involved but also to society as a whole.Ī criminal case begins when the government, represented by a “prosecutor”, files formal charges against a person accused of committing a crime. Unlike a civil lawsuit, which arises from a private dispute and begins when one person “sues” another for relief (usually, but not always, money) from a court, a criminal case is public matter. How does a civil lawsuit differ from a criminal case? (There are differences in the rules of procedure for different kinds of cases.) The person who initiates a lawsuit is called the “plaintiff,” while the person against whom a lawsuit is filed is called either the “defendant” or the “respondent,” depending on what kind of case it is. when one person believes that another is acting unlawfully and wants a court to issue an “injunction” ordering the person who is acting unlawfully (perhaps by trespassing on private property or by infringing on a trademark) to stop.when married spouses divorce or when the parent of a child seeks custody of that child (known formally as legal decision-making and parenting time) and/or support from the other parent.when a landlord breaches a rental agreement (perhaps by failing to provide air-conditioning during the summer) or when a tenant breaches a rental agreement (perhaps by withholding their rent, which Arizona law does not permit).when a party to a business contract breaks a promise they made in that contract.when someone suffers a personal injury (perhaps due to a car accident or because a manufactured product was defective) and wants monetary compensation (“damages”) from the individual person or company that caused the injury.This private legal dispute may arise in a number of very different situations. How to Start a Civil Lawsuit What is a civil lawsuit?Ī civil lawsuit is a court case that results from a private legal dispute between two or more people. ![]()
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