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Through the CourtsSouth Africa

Civil case

The civil case journey

A civil case is a dispute between people or companies, usually about money or about forcing someone to do or stop something. Here you are a party to the case, not just a witness.

The journey at a glance

Click a stage below to jump to what happens, how long it usually takes, and what you can do.

  1. The dispute and letter of demandA civil case is about a claim between people or companies, usually for money or an order.
  2. Choosing the right courtWhich court hears the matter depends mainly on how much is claimed.
  3. Summons and pleadingsPapers are issued and served, and each side sets out its case in writing.
  4. Discovery and pre-trialBoth sides exchange documents and narrow what is actually in dispute.
  5. Trial and judgmentThe court hears both sides and decides on a balance of probabilities.
  6. Costs, appeals and enforcementWinning is not the end — the order still has to be paid or enforced.

Following both a criminal and a civil case? See the two journeys side by side.

What counts as a civil case?

A civil case is a dispute between people, companies or organisations. It is not about the State punishing someone for a crime — it is about sorting out private rights and responsibilities.

  • The person who starts the case is called the plaintiff or applicant. The other party is the defendant or respondent. You are a party to the case, not only a witness.
  • The aim is usually compensation, enforcing an agreement, getting an order that someone do or stop doing something, or protecting your rights — not sending someone to prison.
  • Common examples are personal-injury claims, contract disputes, debt recovery, evictions, maintenance claims, defamation, and divorce or family-law matters.
  • The standard of proof is lower than in a criminal case: the court decides on the 'balance of probabilities' — what is more likely than not to have happened.
  • A civil case can run at the same time as a criminal case about the same event. For example, an assault can be prosecuted criminally while you also claim damages for injuries in a civil court.

If you are unsure whether your problem is civil or criminal, Legal Aid SA or a community advice office can help you understand your options.

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  1. How long this takes: Before any court papers. A letter of demand often gives 7 to 14 days to respond.

    What happens

    • A civil case is not about punishment. It is about a remedy: money, delivery, or an order to do or stop something.
    • The person claiming is the plaintiff or applicant; the other side is the defendant or respondent.
    • A letter of demand sets out what is claimed and gives the other side a chance to settle first.
    • Claims must generally be brought within a set time — often three years — or they prescribe and fall away.

    What you can do

    • Gather contracts, invoices, messages and photographs early.
    • Keep proof that the letter of demand was delivered.

Still unsure about something?

Legal words are explained in plain English, and there is a list of free places to phone for help.

Words explainedWhere to get help