求美国民事诉讼基本流程 英语作文

2025-02-24 14:28:30
推荐回答(1个)
回答1:

Civil litigation usually begins when the claimant files a document called a complaint.The complaint must announce the jurisdictional basis for the court to take the case and indemnify the plaintiff's grivance.After th court has been selected and after the case is filed with the court,the plaintiff will serve on the defendant the first of the pleadings with the summons,and the defendant must respond to it.The first major checkpoint after the filing of a complaint appears with the defendant's opportunity to file a motion to dismiss,which is a way of testing complaints to see if they have legal merit.
If the defendant does not move to dimiss,or,if the motion to dismiss is unsuccessful the defendant must file an answer to the complaint.
As litigation progress ,the parties will be collecting information and evidence about the case,through what is called the "discovery" process. They can collect information through depositions,which are oral examinaions of parties or witness under oath,and interrogatories,which are questions propounded by counsel in writing to the other party.Then,,at the end of the pleadings,results of discovery,and probable evidence are reviewed in an attempt to settle the suit.The issues may be further narrowed,and the judge may even predict the outcome in order to encourage settlement.If the case has not been terminated by dismissal,summary judgement,it must be set for trial.

P.S.美国民事诉讼的基本流程还包括Trial(opening statements,examination of witnesses,motions,charge to the jury,deliberations)、Verdict and Judgment.但基于楼主的要求,就只写到了审前程序。