Litigation Lawyers in Commerce
In Commerce, California, "civil procedure" refers to the varied processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Commerce, California are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most especially, fairness.
The rules of civil procedure in Commerce, California are sometimes confusing. Because civil litigation is an inherently intricate 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 Commerce, California Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in Commerce, California is the complaint. The complaint is a document filed with a Commerce, California court that lays out the plaintiff's (the individual filing the suit) allegations against the defendant (the individual 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 avenues 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. Occasionally, 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: Once both sides have fired their opening volleys in the form of the complaint and answer, the next procedure in civil litigation in Commerce, California is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is obligated 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: It is truly quite rare for civil lawsuits in Commerce, California to go to trial, since the rules of civil procedure in Commerce 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 Commerce, California Lawyer Help?
If you're suing anyone, or are being sued, in Commerce, California, dealing with issues of civil procedure is going to be a fact of life for quite some time.
Because the rules of civil procedure in Commerce, California are intricate, it's smart to have the counsel of an efficient attorney through every step of the process.