Civil Law

Hello and welcome to YourBestLawyer.com. This video is designed for civil claims exceeding $3,500; if your claim falls below this threshold, refer to our small claims video.

A civil lawsuit involves a legal dispute between parties seeking compensation or specific performance, distinct from criminal penalties. Conversely, a criminal case is a public matter, as certain actions are deemed "criminal" due to perceived harm to individuals and society.

In criminal cases, the government, represented by a "prosecutor," formally charges an individual accused of a crime.

In civil lawsuits, originating from private disputes, the plaintiff, who can be an individual or a business, initiates legal action for relief, typically monetary compensation. Individual defendants must represent themselves or hire a private attorney, but corporations must hire an attorney to represent them in civil suits. The plaintiff, initiating the lawsuit, alleges that the defendant's wrongful conduct caused harm and asks the court for some type of relief in the form of compensation or specific performance. If the court gives relief in the form of specific performance, this means that the court will be forcing the defendant to take some action such as complete the terms of a contract by delivering promised goods or correct an error made during the original performance of the contract. Civil lawsuits cover a range of matters, including contract disputes, personal injury claims, property disputes, family law, civil rights violations, and more. For guidance on family matters or personal injuries, explore the corresponding videos in our Family Law and Personal Injury Sections.

Demand Letter

In the context of a civil dispute, the initial legal step involves the issuance of a demand letter. Typically sent by the plaintiff or their legal representative to the defendant, this letter serves as a formal notification of the sender's intent to pursue legal action unless specific demands are met. Demand letters play a pivotal role in various civil matters, offering a potential resolution to prevent additional legal expenses for the initiating party. This pre-litigation procedure is crucial, aiming to avoid unnecessary lawsuits and save time for both parties and the court system.

A comprehensive demand letter encompasses an introduction outlining the complaint, providing factual background details, and explaining the legal basis for the demands. It specifies desired remedies and sets a clear deadline for compliance. The letter also outlines potential legal consequences if the recipient fails to meet the stipulated demands. This structured approach encourages communication and resolution before resorting to formal legal proceedings.

If the demand letter proves ineffective, the next step is to initiate a lawsuit.

If the demand letter fails to resolve the dispute, the next step is filing a lawsuit. The appropriate court for filing depends on the amount in dispute:

• If the disputed amount is $3,500.00 or less, the lawsuit must be filed in Arizona Justice Court, and it will be considered a small claims case. Please watch our small claims video if you are in this situation.
• If the amount is more than $3,500.00 but less than $10,000.00, it must be filed in a limited jurisdiction court, which is also located within the Arizona Justice Court. These courts specialize in resolving civil disputes before a justice of the peace.
• Lawsuits with values exceeding $10,000.00 must be filed in the appropriate county's superior court.

Individual parties involved in a civil lawsuit inside Limited Jurisdiction Court and or Superior Court have the option to be represented by attorneys, and they retain the right to appeal their case to a higher court. Corporations, however, must be represented by an attorney and cannot be represented in court by an officer of the corporation.

Usually, the person initiating the suit, known as the plaintiff, will file their case with the court in the county where the person being sued (defendant) resides. However, there are exceptions:

• If the defendant lives outside of Arizona or their address is unknown, the case can be filed where the plaintiff resides.
• If the defendant is married, they can be sued where their spouse lives, unless they are separated.
• If the defendant is homeless or lacks a permanent address, they can be sued where they are found.
• If a person owed money in one area and then moved, they can be sued in either place.
• Similarly, for contracts signed in one location, the case can be filed there or where the defendant resides.
• If there are multiple defendants living in different areas, the case can be filed in any county where at least one defendant resides.

After filing the complaint, the plaintiff must "serve" the defendant within 45 days to prevent dismissal. This can be done through registered mail, delivery by a constable or process server, or court certified restricted mail. Proof of service is crucial, otherwise it may cause the case to be thrown out.

The Process

To initiate a civil lawsuit in Arizona court, the person filing the case (plaintiff) submits a complaint to the court and provides a copy to the person being sued (defendant). The complaint outlines the damages or injury suffered by the plaintiff, details how the defendant is responsible for the harm, establishes the court's jurisdiction, and requests the court to grant relief. Relief can involve seeking monetary compensation for damages or requesting the court to stop the harmful conduct of the defendant. The court may also issue other forms of relief, such as declaring the legal rights of the plaintiff in a specific circumstance.

Case Preparation

Preparing for a civil case in state court involves a process called "discovery." During this phase, both parties must share information about the case, such as the names of witnesses and copies of relevant documents. The goal of discovery is to get ready for the trial by ensuring that both sides gather their evidence and prepare to call witnesses. Each party can also submit requests or "motions" to the court, asking for decisions on evidence, discovery or trial procedures.

As part of discovery, there may be a deposition where a witness is required to answer questions about the case before the trial. The witness responds to the attorney's questions under oath, with a court reporter present to create a verbatim record known as a transcript.

Settling Differences

Civil cases may become very costly. To avoid the costs and delays associated with a trial, Arizona courts promote the idea of finding common ground between parties involved in a legal dispute. They often encourage mediation, arbitration, and other alternative dispute resolution methods aimed at resolving conflicts without the need for formal court proceedings. This often results in what's known as a "settlement," where both parties agree on terms to resolve the issue.

Certain counties in Arizona require certain civil cases to go to arbitration if the damages at issue are below a certain amount. For example, in Maricopa County, all disputes valued under $50,000 are sent to arbitration.

If no settlement is reached, the court will proceed to schedule a trial. In many civil cases, either party has the constitutional right to request a trial by jury. However, if both parties waive this right, the case will be heard by a judge alone, without a jury.

Trial Process

In Arizona state courts, the judge applies rules of evidence to determine which information can be presented in the courtroom. To ensure witnesses speak from their own knowledge without being influenced by others, they are kept out of the courtroom until they testify. A court reporter documents the trial proceedings, while a deputy clerk of court records each person who testifies and any introduced documents, photographs, or other items.

The opposing attorney in court may object if a question prompts the witness to say something not based on personal knowledge, is unfairly prejudicial, or is irrelevant to the case. Typically, the judge either overrules or sustains the objection. If sustained, the witness skips the question, and the attorney moves on. The court reporter records objections for potential review by a court of appeals.

Closing

After presenting all evidence, each side delivers a closing argument. In a jury trial, the judge will explain the relevant state laws and guide the jury on the decisions they must make. The jury is typically tasked with determining if the defendant is liable for causing harm to the plaintiff and, if so, deciding the amount of damages to be awarded. In a bench trial, where there's no jury, the judge makes these determinations or orders relief to the prevailing party. In a civil case, the plaintiff needs to convince the jury by a "preponderance of the evidence" (i.e., that it is more likely than not) that the defendant is responsible for the harm suffered by the plaintiff. This is a much lower standard than the "beyond a reasonable doubt" standard to convict someone of a crime.

Cost-Effective Legal Solutions

In civil matters, hiring an attorney typically involves an advanced retainer for legal fees. This retainer serves as an upfront payment from the client to the attorney or law firm, ensuring financial security and guaranteeing compensation for legal services. Typically, the retainer is deposited into a designated trust account, from which the attorney deducts fees as services are provided. The retainer is replenished as needed during the case, establishing transparency and a structured billing system that assures clients their attorney has the necessary funds. Importantly, the retainer should not be confused with a final fee; instead, it functions as a prepaid amount against which the attorney bills for ongoing services. This system not only fosters clear financial expectations but also benefits both clients and lawyers by simplifying the financial aspect of legal representation. Additionally, any court costs, such as filing fees, are typically deducted from the advance retainer.

Below, we detail three options based on your finances. Our first option connects you with skilled civil law attorneys with a minimum of 2 years of experience, providing affordable solutions. These professionals offer a cost-effective entry point, with rates starting at $2,500.00 to $5,500.00 for the advance retainer. Their hourly fees range from $150.00 to $215.00, ensuring quality legal support within your budget. Should you deplete the retainer, it's easily replenished.

Our second option is for when you require an elevated level of expertise, exposure, and trial proficiency. Seasoned attorneys with 6 to 10 years of civil law experience are ready to champion your cause. Rates start from $5,500.00 to $9,500.00 as an advance retainer, with hourly fees ranging between $250.00 and $375.00, granting you access to a wealth of legal knowledge and skills. You also have the unique ability to set your preferred advance retainer and hourly fee, inviting attorneys to respond with tailored offers and giving you control over your legal costs.

For those seeking unparalleled legal excellence, our top-notch attorneys step into the spotlight. With a minimum of 10 years in practice, including Board Certified Specialists in Civil Law recognized by the Arizona State Bar, these legal virtuosos excel when facing complex challenges. Premium fees range from $10,000.00 to $20,000.00 as an advance retainer and hourly fees ranging from $375.00 per hour to $500.00 per hour.

Your choice of legal counsel is a significant decision, and our three distinct options ensure you find the right fit for your unique circumstances, from cost-effective solutions to top-tier representation.

We trust you've gained more knowledge and will make the best decision from the available lawyer options. Each attorney, from novice to experts, aims to obtain the best possible result with the least exposure possible. Best of luck, and may you have a great experience using our platform!

Credit for this script:

Author: Felix Martinez
Paralegal that checked for accuracy: None
Attorney that checked for correct information and to make sure there was no legal advice given: Jennifer Nichols-Moore
Other information obtained from:
https://www.azleg.gov/arsDetail/?title=12
https://www.azcourts.gov/Self-Service/CivilLaw.aspx
https://casetext.com/rule/arizona-court-rules/rules-of-civil-procedure-for-the-superior-courts-of-arizona