Litigation Lawyers in Orange
In Orange, California, "civil procedure" refers to the varied processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Orange, California are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most importantly, fairness.
In Orange, California, civil litigation is often extremely intricate. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly confusing. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Orange, California Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Orange, California is the complaint. The complaint is a document filed with an Orange, California court that lays out the plaintiff's (the person filing the suit) allegations against the defendant (the person 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 options 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. Sometimes, 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 initial documents have been filed by both parties in the correct Orange, California court, the discovery process begins. "Discovery" refers to a wide range of disclosures that each side of the lawsuit must make to the other. Essentially, everyone involved in the lawsuit has to disclose every piece of information in their possession (with some exceptions) that's relevant to the factual issues in the case. There are a few different methods that are employed in this process: each side can send written questions to the other, which must be answered under oath. They can additionally request documents, as well as access to physical evidence. They can also conduct depositions (in-person Q&A sessions) of parties and witnesses.
Trial: It's quite rare for lawsuits in Orange, California to go to trial. Orange's civil procedure rules truly discourage trials, and alternatively have designed the system so that it's almost always more cost-effective to settle out of court. However, if this is not possible, the matter will go to trial, where a judge and/or jury will determine the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Orange, California Lawyer Help?
If you're suing someone, or are being sued, in Orange, California, dealing with issues of civil procedure is going to be a fact of life for quite some time.
The rules of civil procedure in Orange, California are not always simple or intuitive. With that in mind, it's very important to have a knowledgeable attorney on your side, to help you through the process.