Ed Shaw Law | no nonsense legal advice

To Get Started, Call Us At 800-507-0352

218-520-0325
  • Home
  • About
    • Shaw, Edward R.
    • Lubinus, Blake
    • Dosser, Marc W.
  • Our Practice
    • Family Law
    • Criminal Defense
    • Bankruptcy
    • Estate Planning And Probate
    • Real Estate Law
    • Civil Law
  • How A Lawyer Can Help Your Business
  • Success Stories
    • Testimonials
  • Blog
  • Contact
Ed Shaw Law | no nonsense legal advice
  • Home
  • About
    • Shaw, Edward R.
    • Lubinus, Blake
    • Westerberg, Sara N.
  • Our Practice
    • Bankruptcy
      • Chapter 7 Bankruptcy
      • Fair Debt Collection
    • Civil Law And Litigation
      • Types Of Civil Cases We Take
    • Criminal Defense
      • College Crimes
      • Domestic Violence
      • Drug Crimes
      • DUI Charges
      • Theft
      • Tourist Crimes
      • Violent Crime Charges
    • Estate Planning And Probate
      • Getting A Will
    • Family Law And Divorce
      • Child Custody
      • Child Custody Evaluation Services
      • Child Support
      • Divorce
      • High – Asset Divorce
      • Mediation And Divorce
      • Modifications
      • Orders For Protection And Restraining Orders
      • Property Division
  • How A Lawyer Can Help Your Business
  • Success Stories
    • Testimonials
  • Blog
  • Contact
  • Invoice Payment
  • Make A Retainer
Email
CALL
Local Solutions
For Local Problems
  1. Home
  2.  » 
  3. Civil Law
  4.  » 
  5. Civil Law 101-How a civil case moves through the court system

Civil Law 101-How a civil case moves through the court system

On Behalf of Ed Shaw Law | Dec 8, 2021 | Civil Law |

A civil case is when you are asking the court to order another person, or a business to pay you money, or to do something. Other types of cases are family cases, involving issues between married people, or concerning children, and criminal cases where someone is charged with a crime, those cases follow different procedures and timelines. To try to get money from someone else, or make them do something you sue the other person or business by filing a civil lawsuit against them. Minnesota is one of a minority of states where most civil cases are started by giving the papers to the other side, called serving, and then filing with the court with proof that the other side has been served. I get many calls from people saying that they got court papers that they say are bogus because there is no court file number on them. That is not true, it is normal for court papers to not have a file number on them when they are served as they have not been filed yet.
After they are served they are filed with the court, the court then opens a file and assigns a file number. If someone is served with a lawsuit they need to file what is called an Answer within 20 days, if they do not do that they risk being found in default, meaning the other side gets what they are asking for. From filing to a trial takes a long time, close to a year on average. About two months after filing the court has the first hearing called a Scheduling Conference. The conference is what the name suggests, for scheduling the trial and setting other deadlines. In most cases mediation will be ordered, where both sides sit down with a neutral mediator to try to reach an agreement. In most cases information is formally exchanged, that is called the discovery process. Before the trial, usually about a month, but it can vary, there will be what is called a pre-trial, where the parties and their attorneys get together with the judge and discuss how the trial will go. If there are issues that need to be dealt with before the trial one side can file what is called a motion, the court will have a hearing on the motion sometime before the pre-trial.
Most cases settle before a trial by the parties agreeing, but, if there is no agreement a jury, or a judge depending on the case will decide the result, whether one side has to pay the other side money, or do something. In most cases if one side wants a trial by a jury there will be a jury, but, in some cases the case cannot be tried to a jury and must be decided by a judge.
This is a quick overview of what is involved in most civil cases in Minnesota. Stay tuned next week for family court 101.

Will I lose everything in Chapter 7 bankruptcy? 

On Behalf of Ed Shaw Law | Jun 5, 2025 | Bankruptcy

Chapter 7 bankruptcy helps erase debts when you cannot pay them and give you a fresh financial start. However, many people think of bankruptcy as losing everything. Fortunately, Minnesota laws protect essential assets.  Confidence comes from knowing your rights—learn...

read more

What is the difference between legal and physical custody?

On Behalf of Ed Shaw Law | Apr 23, 2025 | Family Law

If you're going through a custody issue in Minnesota, it's important to understand the difference between legal and physical custody. These terms may sound similar, but they each play a different role in your child's life. Understanding legal custody Legal custody...

read more

JAIL PHONES

by Edward Shaw | Apr 4, 2025 | Criminal Defense

Many of you have seen movies involving phone calls from a jail or prison, maybe some of you have gotten calls from a jail or prison.  If you have, you may be familiar with the message that often plays 'This call is from a correctional institution and may be...

read more

EXPERT WITNESSES

On Behalf of Ed Shaw Law | Mar 27, 2025 | Firm News

Most people outside of the legal system have never heard of expert witnesses, a critical part of the legal system.  Unlike regular witnesses, who can testify about what they observed or heard, experts can offer opinions.  Experts are used to explain a variety of...

read more

Contracts for Deed

by Edward Shaw | Mar 12, 2025 | Business Law

They are an alternative method of financing the purchase and sale of property.  Instead of the buyer getting a bank loan, payments are made to the seller.  The arrangement has its advantages, by taking payments over time a seller can in some cases save on taxes. ...

read more

WHEN DO YOUR RIGHTS HAVE TO BE READ TO YOU

by Edward Shaw | Jan 31, 2025 | General Law

I have written on this topic before, but, because it is a source of a lot of misunderstanding among the general public, it needs more attention. Police shows for decades have shown people being arrested and read the Miranda warning, 'their rights', you have the right...

read more

When can you sue someone for something they say?

by Edward Shaw | Jan 24, 2025 | Civil Law, General Law

Free speech is a cornerstone of our society, for good reasons.  A democracy depends on people being able to express their opinions about anybody, and anything.  Even the richest and most powerful in society can be criticized by any citizen in a free society. Like all...

read more

MONEY AND DIVORCE

On Behalf of Ed Shaw Law | Jan 13, 2025 | Firm News

When divorces are tough there are usually issues with money.  The rules on dividing assets, money, real estate, vehicles, anything of value, are simple, it is generally divided equally, regardless of who earned it, or whose name is on it.  The exception is...

read more

Tips for co-parents to keep the holiday season peaceful and joyous

On Behalf of Ed Shaw Law | Dec 6, 2024 | Custody

Co-parenting presents challenges throughout the year, but the holiday season can amplify these difficulties, even for those who maintain a cordial relationship with their former spouse. From Thanksgiving through the end of the year, the added stress of coordinating...

read more

Home For The Holidays

by Edward Shaw | Nov 27, 2024 | Firm News

It happens every year in the family court business, separated parents fighting over where the kids will be for the holidays.  The holiday season has its challenges to begin with, the stress or organizing get togethers, figuring out where people will be, traveling with...

read more
« Older Entries

Recent Posts

  • Will I lose everything in Chapter 7 bankruptcy? 
  • What is the difference between legal and physical custody?
  • JAIL PHONES
  • EXPERT WITNESSES
  • Contracts for Deed

Categories

  • Bankruptcy
  • Business Law
  • Civil Law
  • Civil Litigation
  • Criminal Defense
  • Criminal Law
  • Custody
  • Divorce
  • Domestic Abuse
  • Drug Charges
  • Drunk Driving Defense
  • Estate Planning
  • Family Law
  • Firm News
  • General Law
  • Orders For Protection
  • Parents Rights
  • Real Estate Law
  • Restraining Orders

Archives

RSS Feed

Subscribe To This Blog’s Feed

Contact The Firm

What’s on your mind? Send us a message.
We’ll get back to you soon to discuss how we can help.

Ed Shaw Law | no nonsense legal advice
  • Follow
  • Follow
  • Follow


Brainerd Address

722 South 6th Street
Brainerd, MN 56401

Ph: 218-520-0325

Brainerd Office


St. Cloud Address

14 Seventh Ave North
St. Cloud, MN 56303

Ph: 320-347-7589

St. Cloud Office

© 2025 Ed Shaw Law • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw