Clovis, California Civil Procedures
In Clovis, California, "civil procedure" refers to the different processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Clovis, California are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most importantly, fairness.
The rules of civil procedure in Clovis, California are sometimes convoluted. Because civil litigation is an inherently complicated process, the rules that govern how it proceeds can't be simple, either. They govern every step of the litigation process, from filing the initial complaint, all the way to the final appeals process.
Major Clovis, California Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Clovis, California is the complaint. The complaint is a document filed with a Clovis, California court that lays out the plaintiff's (the person filing the suit) allegations against the defendant (the person being sued), as well as the relief that the plaintiff is seeking from the court.
Answer: After the plaintiff files the complaint, the defendant has to act. While they have a few options at this stage of the game, most defendants elect to file an answer. The answer is the defendant's first direct response to the plaintiff's allegations. Sometimes, the answer contains a general denial, in which the defendant simply denies everything the plaintiff alleges. It might also contain a point-by-point addressing of every allegation the plaintiff makes, denying some, and admitting some.
Discovery: After the complaint has been filed in the Clovis, California court of competent jurisdiction, the next major phase is the discovery process. In a civil lawsuit, there are not supposed to be any surprises (so the dramatic moments you see in TV trials are largely fiction). This predictability largely comes from the discovery process. Each side of the lawsuit has to disclose information relevant to the lawsuit to the other. This information can be received by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: It's quite rare for lawsuits in Clovis, California to go to trial. Clovis's civil procedure rules really discourage trials, and rather have designed the system so that it's almost always more cost-effective to settle out of court. However, if this is not possible, the matter will go to trial, where a judge and/or jury will determine the factual questions, and then award the appropriate relief (if any) to the prevailing party.
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How Can a Clovis, California Lawyer Help?
If you are dealing with a lawsuit in Clovis, California, it's almost certain that you will have to deal with issues concerning civil procedure.
Civil Procedure in Clovis, California can be pretty convoluted. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.