A plain-language guide to the stages of a civil claim, from the sheriff's service of the summons to the close of pleadings.
A summons is the document that starts a civil claim. Once it has been issued at court, the case moves through a series of formal stages. Knowing what they are makes it easier to follow what your attorney is doing and why.
Service by the sheriff
The issued summons goes to the sheriff, who delivers it to the person or business being sued, called the defendant. The sheriff then gives a return of service, which is proof for the court that the defendant received the summons.
The defendant decides whether to defend
The summons tells the defendant how long they have to give notice that they intend to defend the claim. If they do nothing, the claimant can usually ask the court for judgment by default. [CHECK WITH FIRM]
The plea
A defendant who defends must deliver a plea: their written answer to each allegation in the claim. If the plea is late, the claimant’s attorney can serve a notice of bar. This gives the defendant a final, short period to plead. If they still do not, the claimant may apply for judgment. [CHECK WITH FIRM]
The reply
Once the plea has been received, your attorney goes through it with you. If the plea raises new facts that need an answer, your attorney drafts a reply, serves it on the defendant’s attorney and files it at court.
Further particulars and discovery
Before trial, each side can ask the other for further particulars, to understand the case they will have to meet. Each side must also discover the documents relevant to the case, so nothing comes as a surprise at trial.
What this means for you
Most of these steps are paperwork between attorneys and the court, and you will not need to attend court for them. What helps most is giving your attorney every document and message about the dispute early, and telling them straight away if anything changes.
This article is general information, not legal advice about your situation.