A "civil" lawsuit is one that is based on someone's non-criminal liability. In other words, the plaintiff is after either monetary relief (damages), specific performance (requiring a party to act pursuant to agreed-upon terms), or equitable relief (such as prohibiting someone from continuing to do something) and is alleging that the defendant has done something wrong to plaintiff or plaintiff's legal interests.
Non-civil lawsuits would include criminal prosecution, family law matters, probate, and a few other types not relevant here.
The term, "civil" also connotes one's being polite, or 'not rude'. Unfortunately, if you've ever participated in a lawsuit, you know that oftentimes, such definition could not be further from the truth. To some extent, it is difficult to understand why a party would be "nice" to the other party, especially if one is alleging that such party wronged him. "Yeah, you punched me in the gut, but let's be nice." Just doesn't sound right, does it?
On the other hand, the court system intends for the parties to act civilly towards each other - no shouting, yelling, arguing out of turn, in the court-room - lest a party wants to be held in contempt of court. (punished by the judge).
For this reason, I highly recommend that parties in any lawsuit, at a minimum, consult with legal counsel. While the system is designed to allow self-representation (individuals representing themselves are known as "in pro per"), even if not in small claims (*Exception - corporate entities must be represented by legal counsel), having emotionally charged parties represent themselves is asking for disaster, in my opinion.
While lawyers have been known to overreach the bounds of "zealous" representation for their clients - by being obnoxiously rude to the opposing counsel or party - usually such conduct is limited. Lawyers understand the procedures involved; understand tactics utilized to better a position, not just for mere harassment; and, in particular, are not drawn into unfamiliar territory, such as the in pro per party.
If you must consider the civil lawsuit, either as plaintiff or defendant, I urge you to consult with legal counsel and, do recommend retaining an experienced litigator to assist you in wading through the litigation mine field. It will keep emotions below a simmering point and allow you to concentrate on other issues.
What are your thoughts? Have A Great Weekend!
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