Civil action is a law under which a citizen’s civil rights
is protected from being violated by another. This term is to be distinguished from a crime or “criminal offence” where a deliberate “evil act” is perpetrated by one upon another. Many times not knowing what a civil action lawsuit is can cause questions. Here are some of the commonly asked questions on Civil Action that have been answered by Experts.
Is it possible for a person convicted in a magistrate’s court in London (U.K.) to sue relevant authorities in a civil court?
A person so convicted cannot take any action in a civil court. Civil action will be possible after the person, if on appealing to the Crown Court, is absolved of the crime.
Can a person be served with a civil action in jail? What if he happens to be serving time in a jail in another state?
It is possible to serve a civil action on a person while in jail, even if he/she is jailed in another state. The court will make all the arrangements for the person in jail to appear if the action is served in the same state. If the civil action is served in another state, and the jailed person is not allowed to attend the hearings, he or she stands the risk of losing the suit.
Can a divorcee who is pregnant and on the verge of delivering a baby arrange for postponement of a hearing in a civil action served by her ex-husband?
The lady will need to file a “motion to continue” in court which is permitted if it is for a “reasonable” or “good” cause. The motion may simply state the actual reason/s and length of time required in seeking the case to be continued or postponed.
What should a person who has filed a civil action against a mortgage company do if the mortgage company has filed for chapter 11 bankruptcy?
Usually, if the defendant has filed for bankruptcy, the claimant stands a better chance of getting his or her claim settled by filing a “proof of claim” before bankruptcy case proceedings begin. An Official Committee of Unsecured Creditors which will be set up will represent claimants and take up the case on their behalf.
If a person makes a mistake in a civil action complaint by entering the wrong person’s name as the defendant, can the complaint be amended?.
A “Motion to Amend” the complaint can be filed in order to change the name of the defendant. However, it is entirely the court’s discretion whether to grant the amendment or not.
Is it possible to find details of a civil action suit filed in 1948 online, if not, what should the individual do to obtain a copy?
Since the case is an old one, it is highly unlikely that the details would be posted on the internet. It is necessary for a person to personally go to the court and locate the case in the “Plaintiff/Defendant” Index and have a clerk obtain the file. If going to the court is not possible, an individual may hire the services of a “legal copy service” or “process server�