Fremont, California Civil Procedures
In Fremont, California, "civil procedure" refers to the varied processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Fremont, 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 Fremont, 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 Fremont, California Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Fremont, California lawsuit, and it is typically 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. Consequently, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.
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 the complaint and answer have been filed in a Fremont, California court, the next major civil procedure issue comes up. Discovery is the procedure in which both sides of the lawsuit are obligated to disclose obligated evidence to one another. The lawyers for each side can submit written questions, which the other party is required to answer under oath, unless the information is privileged. Each side can also request any relevant documents, physical evidence, and can conduct depositions of witnesses and parties to the lawsuit.
Trial: In Fremont, 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 Fremont 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.
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How Can a Fremont, California Lawyer Help?
If you're suing anyone, or are being sued, in Fremont, 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 Fremont, California are intricate, it's smart to have the counsel of an efficient attorney through every step of the process.