[Civil Procedure] Flowchart of an ordinary civil action (Video24)

Summary

This video provides a simplified overview of the ordinary civil action process, outlining the key steps involved in a lawsuit. It starts with the cause of action, which triggers the filing of a complaint by the plaintiff. The defendant then responds with an answer, potentially raising counterclaims or cross-claims. The process moves through pre-trial negotiations, trial, judgment, and post-judgment motions such as appeals or reconsiderations. Finally, it touches on extraordinary remedies and the enforcement of judgment. The goal is to give viewers a big-picture understanding, with a promise of more detailed discussions in future videos.

Takeaways

• 😀 The cause of action is the trigger for filing a case; without it, there is no reason to file a complaint.
• 😀 The plaintiff is the party whose right was violated and is the one who files the complaint, also known as the initiatory pleading.
• 😀 The defendant responds to the complaint by filing an answer, which may admit or deny allegations, raise defenses, or file counterclaims and cross-claims.
• 😀 Pre-trial serves as a key phase where the parties agree on the issues to be tried and disclose evidence to each other.
• 😀 If an amicable settlement is not reached during pre-trial, the case proceeds to trial where the plaintiff presents evidence first, followed by the defendant.
• 😀 After both parties present their cases in trial, the court issues a judgment.
• 😀 If a party disagrees with the judgment, they can file a motion for reconsideration, a motion for a new trial, or an appeal within 15 days of the notice of the judgment.
• 😀 If no appeal or motion is filed within 15 days, the judgment becomes final and executory.
• 😀 Once a judgment becomes final, it can be enforced, such as by collecting money owed if the plaintiff wins.
• 😀 Even after the judgment becomes final, the losing party can seek extraordinary remedies such as filing a petition for relief or an action to annul the judgment in exceptional cases.

Q & A

What is the starting point of an ordinary civil action?

The starting point of an ordinary civil action is the cause of action, which is the legal basis for filing a case. Without a cause of action, there is no reason to file a complaint.

Who is the primary actor in a civil case, and what role do they play?

The primary actor in a civil case is the plaintiff. The plaintiff is the person whose rights were violated, and they initiate the case by filing a complaint (initiatory pleading).

What is the role of the defendant in a civil case?

The defendant is the person being accused of violating the plaintiff's rights. In response to the complaint, the defendant files an answer, which may admit certain matters, present defenses, or include counterclaims or crossclaims.

What is a counterclaim, and when can it be raised?

A counterclaim is a claim made by the defendant against the plaintiff, asserting that the plaintiff owes the defendant something. It is raised in the defendant's answer as part of their response to the plaintiff’s complaint.

What is the purpose of the pre-trial phase in a civil case?

The pre-trial phase serves several purposes: it can be used for an amicable settlement, where the parties may resolve the case early, or it requires the parties to agree on the issues to be tried and disclose the evidence they plan to present.

What happens during the trial of a civil case?

During the trial, the plaintiff presents their evidence first and rests their case, followed by the defendant presenting their evidence and resting their case. After both sides have presented their evidence, the court will render a judgment.

What options are available to a party who disagrees with the court's judgment?

A party who disagrees with the judgment can file a motion for reconsideration, a motion for a new trial, or an appeal within 15 days from notice of the judgment.

When does a judgment become final and executory in a civil case?

A judgment becomes final and executory 15 days after the notice of judgment, unless one of the parties files a motion for reconsideration, a new trial, or an appeal within that time.

What are the two extraordinary remedies available after a judgment becomes final?

The two extraordinary remedies available after a judgment becomes final are a petition for relief and an action to annul the judgment. These can be availed of under very exceptional circumstances.

What is the purpose of the simplified flowchart presented in the video?

The simplified flowchart is designed to provide a basic understanding of the civil action process, focusing on the major steps without overwhelming the audience with too much detail. It is intended to give the big picture, with more detailed explanations to follow in future videos.