Litigation Lawyers in Corte Madera
In Corte Madera, California, "civil procedure" refers to the varied processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Corte Madera, 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 Corte Madera, 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 Corte Madera, California Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in Corte Madera, California is the complaint. The complaint is a document filed with a Corte Madera, 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 Corte Madera, 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: In Corte Madera, California, it's truly very rare for civil lawsuits to go to trial. Of all the lawsuits that are filed, only a tiny minority make it to trial. The majority are either dismissed, or settled. This is by design: the civil procedure rules in Corte Madera are particularly meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. Nonetheless, when a case does go to trial, it is for the purpose of a jury resolving all of the factual disputes between the parties. Each side will present evidence acquired through the discovery process, call witnesses, and make arguments on behalf of their position. Once the jury reaches a verdict (a finding of fact), the judge enters a judgment on the verdict.
How Can a Corte Madera, California Lawyer Help?
If you are facing a legal issue of any sort in Corte Madera, California, you are going to confront civil procedure issues.
Because the rules of civil procedure in Corte Madera, California are intricate, it's smart to have the counsel of an efficient attorney through every step of the process.