Litigation Lawyers in Orinda
In Orinda, California, "civil procedure" refers to the various processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Orinda, California are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most especially, fairness.
In Orinda, California, civil litigation is usually extremely perplexing. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly perplexing. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Orinda, California Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in Orinda, California is the complaint. The complaint is a document filed with a Orinda, 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: After the complaint has been filed in the Orinda, California court of competent jurisdiction, the next important phase is the discovery process. In a civil lawsuit, there are not supposed to be any surprises (so the dramatic moments you see in TV trials are largely fiction). This predictability largely comes from the discovery process. Each side of the lawsuit has to disclose information relevant to the lawsuit to the other. This information can be obtained by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Orinda, California, it is actually very rare for civil lawsuits to make it this far. Civil procedure in Orinda is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. Nonetheless, in the rare cases when the case is not dismissed, and the parties can't reach a settlement, the matter will go to trial. A trial is the most visible aspect of civil litigation, and it is the stage when all of the legal and factual questions raised by both parties are resolved by a judge and jury, respectively.
How Can a Orinda, California Lawyer Help?
If you are facing a legal issue of any sort in Orinda, California, you are going to encounter civil procedure issues.
The rules of civil procedure in Orinda, California are not always simple or intuitive. With that in mind, it's very important to have a reputable attorney on your side, to help you through the process.