• Process of a Lawsuit
  • Civil Process
    • Civil Pretrial Process
  • Criminal Process
    • Criminal Pretrial Process
  • Trial Process
  • Conciliation Court
  • Recovering Fees
  • Settling Out of Court

Our legal system makes several distinctions between civil and criminal cases. Civil cases resolve private conflicts between people, businesses, and the government. Criminal cases involve the enforcement of a law by the government. Most lawsuits, whether civil or criminal, are resolved before trial. Disputes may be resolved before any legal action is filed, after legal action is filed in court, or while a trial is in process but before the judge or jury renders a decision. Most cases have to be filed within the time limits set by law. These limits are known as the statutes of limitation. The time limitations vary depending on the type of legal claim filed. If a case is not filed within the time period set by law, one loses the right to file a lawsuit.

This chapter outlines the process of a case through the civil and criminal court system. It also outlines the trial process. Finally, it discusses the use of conciliation court.

The Minnesota's Legal & Judicial System Chapter discusses the state and federal court systems in Minnesota. Also, see specific subject matter chapters for more information.

On rare occasions, civil cases may be filed as class actions. Class actions arise when there is a common question of law and fact for a large number of persons. There is a special process to go through to establish a class action. This certification process can be lengthy. Recent examples of class actions brought in Minnesota include breast implant cases and real estate dual agency cases.

The burden of proof in a civil case is on the party who initiates the case, the plaintiff. The plaintiff must prove his or her case by a preponderance of evidence. This means that the party in a case who presents the more convincing evidence wins the case. The plaintiff's evidence must be more convincing than the evidence presented by the opposing party, the defendant.

Civil juries may include only six jurors and are not required to reach a unanimous verdict. If five of the six jurors agree on a case resolution, it may be enough for a verdict. A person is limited to bringing one legal action for damages arising from the same circumstances.

Civil Pretrial Process

The plaintiff has his or her attorney prepare a document called a complaint. The complaint states what the dispute is about, why the defendant is responsible, and asks the court to take a stated action, such as awarding damages. The complaint, along with a summons, is delivered to the party against whom the action has been filed. A summons is a written order stating that a defendant must answer the plaintiff's complaint. There are several procedural requirements for serving a summons. The party served is the defendant. The defendant has a specific period of time to respond to the complaint. The defendant's written response is an answer. The answer admits or denies allegations in the complaint, states any defenses to the plaintiff's complaint, and asks the court to decide in favor of the defendant. The defendant may also state any claims he or she has against the plaintiff. These claims by the defendant against the plaintiff are called counterclaims. The plaintiff is given a specific period in which to respond to the defendant's counterclaims. If the defendant does not respond to the complaint, the plaintiff can win the case by default. The complaint, answer, and any counterclaims are called the pleadings. These documents are eventually filed in district court.

If it appears that based on all the information presented, one side clearly has the advantage, that side will often file a motion for summary judgment, which requests that the judge rule in favor of the moving party if the judge decides that there is no triable issue of fact. At this same time one party may file a motion to dismiss the case. There are a number of grounds on which a party may move to dismiss a case. For example, a party may claim the court does not have jurisdiction, or that the action was brought too late under the statute of limitations, which vary in length depending on the type of case in Minnesota.

There are several steps before a case goes to trial. To assist the parties in preparing their cases and learning about the other side's case, a process called discovery occurs. During discovery, each side may ask the other to answer written questions (interrogatories), provide copies of documents, or answer questions orally under oath (deposition). If the defendant is a corporation or partnership it must designate someone to speak on its behalf. A deposition is usually held in an attorney's office and recorded by a stenographer. A deposition can be used to impeach a witness during the trial if testimony at trial is different from the testimony given at the deposition. Each side may also make motions to the court asking it to settle legal questions that arise.

During this pretrial process, a settlement may be arranged. Over 90 percent of the civil cases filed in Minnesota state courts are settled without ever going to trial. Since July 1, 1994, civil litigants in Minnesota and their attorneys have been required to consider the possibility of settling a lawsuit through a process known as alternative dispute resolution (ADR). For more information regarding the ADR process, see the ADR: Commercial Law Chapter. If a settlement is not arranged during the pretrial process, the parties proceed to trial. An outline of the trial process follows the Criminal Pretrial Process section.

The burden of proving a case against a defendant in a criminal proceeding is on the party bringing the charges, the prosecutor. A criminal defendant does not have to prove his or her innocence; the prosecutor must prove that the defendant is guilty. Decisions in a criminal proceeding are based upon a different standard than civil cases. In order for a person to be found guilty of a crime, the prosecution must prove the defendant is guilty beyond a reasonable doubt. There are 12 jurors in a criminal case, and unlike a civil proceeding, all jurors must reach a guilty or not guilty verdict. If a jury fails to reach a unanimous verdict, it is called a hung jury and a mistrial is declared. If a mistrial is declared, a new trial may be held.

Minnesota has sentencing guidelines that judges follow when sentencing convicted offenders. The guidelines are based on the seriousness of the crime committed and the offender's criminal history.

Criminal Pretrial Process

When a crime is committed, the police conduct an investigation. If a person has been identified as the probable perpetrator of the crime, the evidence linking that person to the crime is presented to either a prosecutor, in this case, the county attorney, or in some instances, a grand jury. The prosecutor can file a complaint against the defendant or the grand jury can indict a person. Based upon the complaint or indictment, a warrant for arrest or a summons to appear in court is issued to the suspect. Once a suspect is arrested, he or she is charged with the crime. If police wish to question a suspect, he or she must be given Miranda warnings, advising the suspect that he or she does not have to answer the questions and has the right to an attorney. If the defendant is held in jail, he or she makes a court appearance at which bail is set. The amount of bail set depends on several factors including the likelihood that the defendant will return for future proceedings, the seriousness of the crime, and the risk to others should the defendant be released.

Most defendants want to be represented by an attorney, although they have a right to represent themselves. If a defendant wants to be represented by an attorney but cannot afford one, the court appoints a public defender to represent the defendant. At the next court appearance, the judge reviews the evidence against the suspect to make sure there is probable cause to believe the defendant committed the offense. At the same hearing, the defendant is arraigned. The judge reads the charges to the defendant, and the defendant answers either guilty or not guilty. If the defendant pleads guilty, the next step is sentencing. If the defendant pleads not guilty, his or her next appearance in court is called an omnibus hearing. This hearing resolves constitutional issues raised by the defendant. Issues raised here may include legality of a search, coercion of a confession, or unconstitutional arrest. A judge rules on the issues raised. Charges may be dropped against a defendant based on the rulings of the judge at the omnibus hearing. At any stage in the proceeding, the defendant and prosecutor can engage in plea bargaining. During plea bargaining, a defendant may agree to plead guilty to a lesser criminal charge in exchange for dropping the more serious charge. If there is a guilty plea, there is a hearing to determine whether to accept the plea. Like a guilty plea at an earlier stage, the next step is sentencing.

Before a defendant is sentenced, there is a pre-sentence investigation. As stated before, Minnesota judges have guidelines to follow when sentencing criminals. There are some instances when a judge may stray from the guidelines, but the judge must state his or her reasons for not following the guidelines. If a defendant does not plead guilty during pre-trial process and charges are not dropped by the prosecutor, the next step is a trial.

The next step is the opening statement. The opening statement allows each side to tell the jurors about the case, what to expect, and what each side intends to prove. The plaintiff in a civil case and the prosecutor in a criminal case give their opening statements first.

After the opening statements, testimony begins. The plaintiff or prosecutor, whichever the case may be, calls witnesses to the stand and begins questioning them. The questioning of a witness by the party who asked him or her to testify is called direct examination. The opposing side also has the opportunity to question the witnesses; this questioning is called cross-examination. After cross-examination, the first party may question the witness again in rebuttal.

After the plaintiff or prosecution is done presenting its case, it is the defendant's turn. This time, the defense calls and questions witnesses, and the prosecution cross-examines them.

Attorneys for either side may make objections to questions that the opposing side asks or evidence the opposing side wants to introduce. There are rules on what information is admissible in court, and the judge follows these rules when resolving any objections.

After both sides have presented their case, attorneys give closing arguments. In closing, each attorney summarizes the facts of the case and states why his or her side should prevail. Finally, the judge gives instructions to the jury on the law to be applied in the case. After receiving the judge's instructions, the jury retires to decide the issues in the case. As mentioned before, a unanimous decision is not required in a civil case, but it is required in a criminal case. If a party believes that there was an error at trial, he or she can appeal the decision to a higher court. However, a prosecutor cannot appeal a not guilty verdict. Discussion of courts of appeals is contained in the Minnesota's Legal & Judicial System Chapter.

A person who wishes to file a claim in conciliation court fills out a standard conciliation court form in the county where the defendant lives or where the claim arose. Upon filling out the form, he or she must sign it before a notary public or a court deputy. The person must also pay the filing fee. The amount of the fee depends on the amount claimed. If a plaintiff wins his case, the court can ask the defendant to reimburse the plaintiff for this fee.

After the form is filled out and the fee is paid, the court administrator's office mails notice of the hearing to the plaintiff and defendant. When a defendant receives a conciliation court notice, he or she has the option of filing a counterclaim against the plaintiff. The defendant pays a fee for any counterclaims. If the counterclaim is more than $7500, the case will be transferred to district court. If a defendant fails to appear at the hearing, the plaintiff may win the case by default.

At the hearing, the plaintiff and defendant appear before a judge. The judge asks the plaintiff to state his or her case, then the defendant. After the judge has heard both parties, he or she may ask the parties questions. The judge does not make a decision at the time of the hearing. When the judge makes a decision, notice of the decision is mailed to both parties. A party who is dissatisfied with the judge's decision may appeal the decision to the district court. At the district court, a new trial is held.

A party who wins a conciliation court case must collect the money himself or herself. The court cannot collect the judgment for the prevailing party. There is a separate procedure to follow for collection. A conciliation judgment is valid for ten years.

Occasionally, business contracts will include provisions requiring the losing party to pay the prevailing party's legal fees in any dispute arising out of the contract. Such legal fee provisions generate a great deal of disagreement in the legal profession. Some lawyers insist upon them in every contract they draft, while other lawyers counsel their clients never to sign a contract that contains one. It is important to realize that legal fee provisions are a sword that can cut both ways. The loser winds up paying the winner's legal fees, but there is no way to know whether the side that drafts the provision will be the winner in any disagreement. However one feels about them, legal fee provisions are now included in most printed leases, promissory notes, and other business contracts. Because legal fees can be very expensive, it is worth considering carefully the possible effect of such a provision before signing an agreement that contains a legal fee provision.

As noted earlier, the Minnesota court system encourages early consideration of alternative dispute resolution, and numerous methods are widely available. It is a wise idea to include settlement strategies in early discussions with the attorney one hires to handle a matter. As time passes and legal fees mount, settlement may become an increasingly attractive option to proceeding to court. If clear goals are set from the start, and those goals are periodically reviewed, it will often be easier to settle later. If the parties do reach a settlement agreement, each side's attorney should be involved in drafting and reviewing the settlement papers before signing. It is possible for a party to agree to settle a matter without admitting fault and without compromising its position in any other disputes.