When does a civil case become active?

When does a civil case become active?

• A. When the defendant is served with a citation
• B. When both parties agree to settle
• C. When a date for the hearing or trial has been fixed
• D. When a plaintiff files papers in court

Answer: (C)

In civil law, a case is considered active when it undergoes certain procedural steps which signify that it is moving forward in the judicial system. The correct point at which a civil case becomes active is when a plaintiff files papers in court. This filing typically includes the complaint or petition, which sets forth the basis of the case and the relief sought. At this juncture, the court officially recognizes the dispute, and the legal process begins. The activity following the initial filing, such as serving the defendant or scheduling hearings, occurs later in the process. While agreeing to settle is an important aspect of civil litigation, it does not activate the case itself; instead, it reflects a resolution of the disputes should both parties come to terms. Hence, the filing of papers is the critical milestone that marks the beginning of an active civil case in the legal framework.

In civil law, a case is considered active when it undergoes certain procedural steps which signify that it is moving forward in the judicial system. The correct point at which a civil case becomes active is when a plaintiff files papers in court. This filing typically includes the complaint or petition, which sets forth the basis of the case and the relief sought. At this juncture, the court officially recognizes the dispute, and the legal process begins.

The activity following the initial filing, such as serving the defendant or scheduling hearings, occurs later in the process. While agreeing to settle is an important aspect of civil litigation, it does not activate the case itself; instead, it reflects a resolution of the disputes should both parties come to terms. Hence, the filing of papers is the critical milestone that marks the beginning of an active civil case in the legal framework.