Pomona, California Civil Procedures
In Pomona, California, "civil procedure" refers to the different processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Pomona, California are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most vitally, fairness.
In Pomona, California, civil litigation is typically extremely convoluted. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly difficult. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Pomona, California Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Pomona, California is the complaint. The complaint is filed with the court in Pomona, California that's responsible for handling civil trials. It lists everything that the plaintiff (the person who is suing) alleges against the defendant (the person the plaintiff is suing). Normally, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is simply a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.
Answer: The answer is a document filed by the defendant, in response to a complaint. The answer normally contains a few things: usually, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will normally raise legal defenses, known as affirmative defenses, arguing that even if everything the plaintiff alleges is true, the defendant should not be held liable, because of extenuating circumstances.
Discovery: The civil procedure rules in Pomona, California were written with the purpose of, among other things, avoiding 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 process, during which the attorneys for both sides are required to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in multiple 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: Although the trial is arguably the most dramatic element of civil procedure in Pomona, California, it is really extremely rare for civil lawsuits to make it this far. Civil procedure in Pomona is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. However, 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.
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How Can a Pomona, California Lawyer Help?
If you're facing any considerable legal issue in Pomona, California, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.
It should go without saying that you should have a Pomona, California attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're immersed in a lawsuit.