Litigation Lawyers in Banning
In Banning, California, "civil procedure" refers to the various processes and procedures that must be followed when conducting a civil lawsuit.
In Banning, California, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and affordable as possible.
Civil litigation in Banning, California is almost never a simple process. So, the rules controlling this process can't always be simple, either. Remember, civil procedure governs every single step of the civil litigation process, which can drag on for years.
Major Banning, California Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Banning, California lawsuit, and it is usually 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. Therefore, 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 usually the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It usually denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of reasons that negate the defendant's liability even if their conduct would ordinarily be unlawful. For example, in a lawsuit for battery, a defendant might admit that he struck the plaintiff, but claim that he acted in self-defense. If that can be shown, it would negate, or mitigate, his liability to the plaintiff.
Discovery: The civil procedure rules in Banning, California were written with the purpose of, among other things, preventing surprises. For that reason, everyone involved in a lawsuit goes into trial with a pretty good idea of what evidence the other side has. This is largely because of the discovery procedure, during which the attorneys for both sides are obligated to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in several forms, such as simply sending boxes of documents, deposing witnesses, or submitting written questions to the other side, which the recipient is obligated to answer under oath.
Trial: It is actually quite rare for civil lawsuits in Banning, California to go to trial, since the rules of civil procedure in Banning highly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. Nonetheless, when neither of those things happen, the case goes to trial. This is when a judge and jury determine the questions of law and fact, respectively, raised in the case. The jury then issues a verdict, based on the evidence presented to them.
How Can a Banning, California Lawyer Help?
If you're facing a lawsuit in Banning, California whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.
In Banning, California, procedural issues can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Therefore, you should not go into something like this without the counsel of an attorney.