What is civil procedure?
Civil procedure is the body of law that governs how civil lawsuits are initiated, tried, and concluded in the courts of Florida. Civil procedure outlines the process of commencing a lawsuit, including filing documents, gathering evidence, and presenting a case at trial. Under civil procedure, a plaintiff must provide evidence that the defendant is liable for any damages sustained. When a civil lawsuit is initiated, the court must decide which party has jurisdiction in the case. The plaintiff is responsible for filing any documents to initiate the suit such as a complaint and a summons. The defendant is given an opportunity to file a response such as an answer and a motion to dismiss. After both parties have had their chance to respond and file any motions, the court may hold a hearing to decide on any pretrial issues, such as jurisdiction and admissibility of evidence. At trial, both parties present evidence, call witnesses, and make legal arguments before the jury. After the trial has ended, the jury then makes a decision based on the evidence and arguments presented. The jury will decide if the defendant is liable or not liable, or if the case needs to be dismissed or sent to the appellate court. Civil procedure is an important part of the legal system in Florida and provides parties with the opportunity to have their day in court. It ensures that disputes are resolved fairly and that justice is served.
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