Litigation Lawyers in Mission Viejo
In Mission Viejo, California, "civil procedure" refers to the different processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Mission Viejo, California are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most notably, fairness.
In Mission Viejo, California, civil litigation is frequently extremely difficult. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly intricate. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Mission Viejo, California Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in Mission Viejo, California is the complaint. The complaint is a document filed with a Mission Viejo, 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: For the defendant, the answer is normally the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer usually denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For instance, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.
Discovery: The civil procedure rules in Mission Viejo, 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 Mission Viejo, California to go to trial, since the rules of civil procedure in Mission Viejo 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 Mission Viejo, California Lawyer Help?
If you are dealing with a lawsuit in Mission Viejo, California, it's almost given that you will have to deal with issues regarding civil procedure.
In Mission Viejo, California, procedural complications can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Thus, you should not go into something like this without the counsel of an attorney.