On Nov 20, 8:15 am, Meano.Cu...@yahoo.com wrote:
> OP asks about prosecution in a civil court. Prosecution refers to the
> proferring of criminal charges; one sues in a civil court. Prosecution
> leads to prison; civil suit leads to writing a check.
That's the way the word "prosecution" is most commonly used, but not exclusively, so I don't think OP is technically wrong to say "prosecuted in civil court." To "prosecute" merely means to "move forward" with a claim or suit; we tend to associate it with criminal suits mainly because the attorney who represents the State plaintiff in such cases is called the "prosecutor," the one whose job is to move forward toward a resolution of criminal charges either by going to court to attempt to prove the charges brought by the law enforcement officers' or victims' charging complaints, or to dismiss such charges.
But the word "prosecute" is also used in the context of civil suits. In both the Federal Rule of Civil Procedure 41(b) and many State and Appellate rules, the rule which permits dismissal of a civil suit that has been sitting around in the docket for a long time (typically, over a year) with no new papers being filed and no hearing pending, is called "dismissal for failure to prosecute". Again, to prosecute just means to move a case forward.
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