Litigation Lawyers in Blythe
In Blythe, California, "civil procedure" refers to the different processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Blythe, 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 Blythe, 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 Blythe, California Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Blythe, California is the complaint. The complaint is a document filed with a Blythe, 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: The answer is normally the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It normally denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of circumstances 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 proven, it would negate, or mitigate, his liability to the plaintiff.
Discovery: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Blythe, California is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is required by law to disclose relevant information to the other side. These disclosures come in the form of depositions, the production of documents, and answers to written questions submitted by opposing counsel.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Blythe, California, it is really extremely rare for civil lawsuits to make it this far. Civil procedure in Blythe is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. However, in the rare cases when the case is not dismissed, and the parties can't reach a settlement, the matter will go to trial. A trial is the most visible aspect of civil litigation, and it is the stage when all of the legal and factual questions raised by both parties are resolved by a judge and jury, respectively.
How Can a Blythe, California Lawyer Help?
If you're suing someone, or are being sued, in Blythe, California, dealing with issues of civil procedure is going to be a fact of life for quite some time.
Civil Procedure in Blythe, 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.