{"id":17877,"date":"2023-02-20T00:40:17","date_gmt":"2023-02-20T00:40:17","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=17877"},"modified":"2023-08-07T14:46:48","modified_gmt":"2023-08-07T14:46:48","slug":"a-pre-trial","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=17877","title":{"rendered":"1.) process – plaintiff files Complaint and Summons; Defendant files their Answer:"},"content":{"rendered":"

\u00a0\u00a0\u00a0 This page is continued from Getting Started<\/a> >>>> Civil Law Self-Help<\/a> >>>> The Civil Proceedings<\/a>:<\/span>
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\u00a0\u00a0\u00a0 The initial phase of a civil proceedings<\/a> is called the <\/strong>process<\/span>. <\/strong><\/em>[1]\u00a0 In a broad sense, the term process <\/em>is used to describe all of the acts of a court from the beginning to the end of an action<\/a> or proceeding<\/a>; the means by which the law is applied and carried out. <\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Process, however, has an additional meaning used to describe the particular phase of a proceeding: it is the means of compelling a defendant<\/a> to appear in court in a civil case, such as a summons<\/a>, a writ<\/a>, or a warrant<\/a>. <\/strong>[2]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from Joseph Chitty’s\u00a0A Practical Treatise on the Criminal Law<\/a><\/em>:<\/strong><\/span><\/div>\n
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\u00a0 \u00a0 \u00a0\u201cProcess is so denominated because it proceeds<\/em> or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the\u00a0<\/span>writs<\/a> or judicial means by which he is brought to<\/span>\u00a0answer<\/a>.<\/span>\u201d<\/strong> [3] \u00a0<\/span><\/div>\n
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\u00a0 \u00a0 Excerpt from C.J.S.’s\u00a0Process<\/a><\/em>:<\/strong><\/span><\/div>\n
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\u00a0 \u00a0 \u00a0\u201cThe term \u2018process\u2019 is not limited to \u2018<\/span>summons<\/a>.\u2019 In its broadest sense it is equivalent to, or synonymous with, \u2018procedure,\u2019 or \u2018proceeding.\u2019\u00a0 Sometimes the term is also broadly defined as ‘the means whereby a court compels a compliance with its demands.’<\/span><\/strong>\u201d<\/strong> [4]<\/span><\/div>\n

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Step-by-Step:<\/span><\/strong><\/span><\/p>\n

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\u00a0\u00a0\u00a0\u00a0 Click the title of each of the following links to learn important details.\u00a0 Forms are included.\u00a0 To begin a civil lawsuit in federal court:
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    1. File a ‘Complaint’ with the Court, and have the Clerk stamp your ‘Summons” forms<\/a><\/strong><\/span><\/li>\n
    2. Serve a ‘Notice of Lawsuit and Request to Waive Service of Summons’ to the Defendant<\/a>;<\/strong><\/span><\/li>\n
    3. If Defendant does not return ‘Waiver’, Serve them the ‘Summons’<\/strong><\/a><\/span><\/li>\n
    4. Defendant files their ‘Answer’<\/a>.<\/strong><\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/div>\n

      Terms to Know:<\/span><\/strong><\/span><\/p>\n

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      burden of pleading<\/a> \u2013<\/span> a party\u2019s duty to plead a matter in order for that matter to be heard in a lawsuit. <\/strong>\u2014 aka
      \nburden of allegation<\/em><\/strong>.<\/span><\/p>\n

      due process<\/a> –<\/span> the conduct of legal proceedings according to established rules, forms, and principles for the protection and enforcement of private rights, including notice and the right to a fair hearing before a tribunal with the power to decide the case.<\/strong><\/span><\/p>\n