Litigation Lawyers in Cupertino
In Cupertino, California, "civil procedure" refers to the different processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Cupertino, California are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most notably, fairness.
The rules of civil procedure in Cupertino, California are sometimes difficult. 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 Cupertino, California Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Cupertino, California lawsuit, and it is normally the first. The complaint contains all of the plaintiff's allegations against the defendant, as well as the relief that the plaintiff is asking the court to provide. Thus, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.
Answer: The answer is a document filed by the defendant, in response to a complaint. The answer normally contains a few things: usually, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will normally raise legal defenses, known as affirmative defenses, arguing that even if everything the plaintiff alleges is true, the defendant should not be held liable, because of extenuating circumstances.
Discovery: Once the initial documents have been filed by both parties in the proper Cupertino, California court, the discovery process begins. "Discovery" refers to a wide range of disclosures that each side of the lawsuit must make to the other. Basically, everyone involved in the lawsuit has to disclose every piece of information in their possession (with some exceptions) that's relevant to the factual issues in the case. There are a few different methods that are employed in this procedure: each side can send written questions to the other, which must be answered under oath. They can further request documents, as well as access to physical evidence. They can also conduct depositions (in-person Q&A sessions) of parties and witnesses.
Trial: it's really very uncommon for lawsuits to go trial in Cupertino, California, because the rules of civil procedure in Cupertino, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely done by judges dismissing cases that clearly have no merit, or the parties settling out of court. Nonetheless, when neither of these things is possible, both sides of the lawsuit will have to hash it out in a trial, which can be the most stressful and expensive step in the process. It involves both sides of the case presenting their evidence and arguments to a jury and judge, and letting them determine the issues.
How Can a Cupertino, California Lawyer Help?
If you are facing a legal issue of any sort in Cupertino, California, you are going to face civil procedure issues.
Because the rules of civil procedure in Cupertino, California are complicated, it's smart to have the counsel of an accomplished attorney through every step of the process.
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An excellent Attorney with a keen legal mind. He is attentive, responsive and his fees very reasonable!
I understand many lawyers are very busy, But Howard Bender, busy as he is, responded quickly and professionally. My impression is he is a man of his word.
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This lawyer is the best! He is sharp, grasps everything quickly, and has a friendly approach. He helped me out & all without fighting.