Sentences with phrase «civil claim against the defendant»

A civil claim against the defendant can be brought by the estate of the deceased and / or by those who depended upon the deceased for either financial assistance or services.

Not exact matches

In order for a civil claim to succeed, with payments made, fault in full or part must be established against the defendant.

A solicitor may attend the hearing to offer advice to the bereaved family on what is happening in the criminal process, and to also take a note of the evidence to support any later civil compensation claim against the defendant.

Liquidators have previously used sections 261 and 266 of the Act to gather evidence as to the basis of a civil claim against a prospective defendant.

However, there is a provision in our Rules of Civil Procedure that permits a plaintiff to unilaterally discontinue its lawsuit against a defendant, provided the lawsuit has not advanced past the stage of exchanging the claim and the defences (known more technically as the «close of pleadings»).

Later, the plaintiff filed a civil negligence claim against the defendant, claiming that the defendant's negligence resulted in his injuries.

Another useful tool in civil cases is that the 5th Amendment privilege against self - incrimination does not apply, so if the defendant refused to testify (perhaps claiming the 5th Amendment for fear of criminal consequences of truthful testimony) that refusal to testify can be used to infer that his testimony would have hurt him and to find civil liability.