Litigation Lawyers in Rohnert Park
In Rohnert Park, California, "civil procedure" refers to the different processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Rohnert Park, California are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most importantly, fairness.
In Rohnert Park, California, civil litigation is often 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 Rohnert Park, California Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Rohnert Park, California is the complaint. The complaint is filed with the court in Rohnert Park, 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 Rohnert Park, 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 Rohnert Park, California, it is really extremely rare for civil lawsuits to make it this far. Civil procedure in Rohnert Park 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.
How Can a Rohnert Park, California Lawyer Help?
If you are facing a legal issue of any kind in Rohnert Park, California, you are going to face civil procedure issues.
The rules of civil procedure in Rohnert Park, 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.