It takes two sued3/16/2023 ![]() ![]() If the defendant also has a claim against the plaintiff – for instance, if the defendant believes that the plaintiff is actually the person who owes money – the defendant may state his or her own claims in a portion of the answer called a “counterclaim.” How long do civil lawsuits usually last? Typically, the defendant has 30 days to respond by filing an “answer.” An answer includes the defendant’s responses to the plaintiff’s allegations and any defenses. The complaint states what the plaintiff claims the defendant has done and the remedy that the plaintiff is requesting. What are a “complaint,” “answer,” and “counterclaim”?Ī “complaint” is the document a plaintiff files to begin a lawsuit. One lawsuit can have multiple plaintiffs and multiple defendants. A “defendant” is a person that a lawsuit is filed against. Who are the “plaintiff” and “defendant”?Ī “plaintiff” is a person who files a lawsuit. The District Court division handles civil cases involving a claim for $25,000 or less, all family and juvenile cases, misdemeanor criminal cases, and infractions such as traffic tickets. The Superior Court division handles civil cases involving a claim for more than $25,000, as well as felony criminal cases. Both divisions are generally located in the same courthouse in each county, but have different judges. North Carolina’s trial court system has two divisions: District Court and Superior Court. What is the difference between District Court and Superior Court? Civil cases can result in an award of money or in a court order to enforce or protect the rights of a party. In civil cases, one party may have harmed or failed to abide by its obligations to another, or two parties may have a dispute for the court to resolve. On the other hand, civil cases deal with a wide variety of private disputes, from breach of contract to child custody. See the Criminal Cases Help Topic for more information. A person found guilty in a criminal case faces consequences such as jail time, probation, or fines. Criminal cases are usually brought by law enforcement and are managed by a prosecutor, an attorney who represents the government. ![]() What is the difference between civil and criminal cases?Ĭriminal cases deal with violations of the criminal law, such as assaults or theft. A lawsuit is a claim or dispute brought to a court of law to resolve. ![]()
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