Litigation Lawyers in Palm Desert
In Palm Desert, California, "civil procedure" refers to the different processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Palm Desert, California are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most notably, fairness.
In Palm Desert, 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 Palm Desert, California Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in Palm Desert, California is the complaint. The complaint is a document filed with a Palm Desert, 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: Once both sides have fired their opening volleys in the form of the complaint and answer, the next procedure in civil litigation in Palm Desert, California is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is obligated by law to disclose relevant information to the other side. These disclosures come in the form of depositions, the production of documents, and answers to written questions submitted by opposing counsel.
Trial: It is really quite rare for civil lawsuits in Palm Desert, California to go to trial, since the rules of civil procedure in Palm Desert 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 Palm Desert, California Lawyer Help?
If you are dealing with a lawsuit in Palm Desert, California, it's almost given that you will have to deal with issues regarding civil procedure.
The rules of civil procedure in Palm Desert, 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.