Litigation Lawyers in Rocklin
In Rocklin, California, "civil procedure" refers to the different processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Rocklin, California are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most vitally, fairness.
In Rocklin, 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 Rocklin, California Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Rocklin, California is the complaint. The complaint is filed with the court in Rocklin, 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 normally the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It normally denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of circumstances that negate the defendant's liability even if their conduct would ordinarily be unlawful. For example, in a lawsuit for battery, a defendant might admit that he struck the plaintiff, but claim that he acted in self-defense. If that can be proven, it would negate, or mitigate, his liability to the plaintiff.
Discovery: The civil procedure rules in Rocklin, 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: It is really quite rare for civil lawsuits in Rocklin, California to go to trial, since the rules of civil procedure in Rocklin strongly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. However, when neither of those things happen, the case goes to trial. This is when a judge and jury decide 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 Rocklin, California Lawyer Help?
If you're facing any considerable legal issue in Rocklin, California, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.
The rules of civil procedure in Rocklin, California are not always simple or intuitive. With that in mind, it's very important to have a brilliant attorney on your side, to help you through the process.