Stages of a Civil Action

Civil Actions or Lawsuits can be thought of as having five (5) distinct stages to them:

1. The Pleadings Stage
Pleadings are the legal documents filed with the Court which tell the "story" of the lawsuit.
The Statement of Claim is the document filed by the Party bringing the lawsuit (the "Plaintiff").
The Statement of Defence is the document filed by the Party defending the lawsuit (the "Defendant").
A Reply can be filed by the Plaintiff responding to allegations made in the Statement of Defence.

2. The Examination for Discovery Stage
This is a process whereby both parties attend before a Court Reporter and the lawyer for each side has an opportunity to question the other side about his or her case. It is a process by which each side gets to "Discover" the other side's case and assess the strengths and weaknesses of it.

3. The Pre-Trial Stage
This is where the lawyers for the parties attend before a Judge to make a brief presentation. The Judge then gives his opinion as to how he thinks the matter would be decided should it go to Trial.

4. Trial Stage
This involves actually going to Trial. Trials can be before a Judge alone or a Judge and Jury. Civil Juries consist of 6 members. Trial involves presentation of evidence in the form of witness testimony, documents, photographs, etc. Trials can last anywhere from 1 day to several weeks or more depending on the complexity of the case.

5. Post Trial/Enforcement Steps
This often involves actually "collecting" on the Judgment, drafting of final documents, etc. There are several ways to "collect" on a Judgment including seizure of personal property, garnishing wages, etc. The choice of procedure to be used will depend upon the specific circumstances involved.

DAVID THOMPSON
905-523-1333
Fax: 905-523-5878
Email: thompson@scarfonehawkinsllp.com