Litigation Lawyers in Exeter
In Exeter, California, "civil procedure" refers to the different processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Exeter, 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 Exeter, 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 Exeter, California Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Exeter, 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 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 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 Exeter, California were written with the purpose of, among other things, preventing surprises. For that reason, everyone immersed 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 really quite rare for civil lawsuits in Exeter, California to go to trial, since the rules of civil procedure in Exeter 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 Exeter, California Lawyer Help?
If you are dealing with a lawsuit in Exeter, California, it's almost given that you will have to deal with issues regarding civil procedure.
The rules of civil procedure in Exeter, California are not always simple or intuitive. With that in mind, it's very important to have a seasoned attorney on your side, to help you through the process.