Litigation Lawyers in Salinas
In Salinas, California, "civil procedure" refers to the varied processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Salinas, California are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most especially, fairness.
In Salinas, California, civil litigation is usually extremely confusing. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly complicated. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Salinas, California Civil Procedure Issues
Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Salinas, California is the complaint. The complaint is filed with the court in Salinas, 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). Typically, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is just a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.
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 the complaint and answer have been filed in a Salinas, California court, the next major civil procedure issue comes up. Discovery is the procedure in which both sides of the lawsuit are obligated to disclose obligated evidence to one another. The lawyers for each side can submit written questions, which the other party is required to answer under oath, unless the information is privileged. Each side can also request any relevant documents, physical evidence, and can conduct depositions of witnesses and parties to the lawsuit.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Salinas, California, it is truly very rare for civil lawsuits to make it this far. Civil procedure in Salinas 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 Salinas, California Lawyer Help?
If you're facing a lawsuit in Salinas, California whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.
Civil Procedure in Salinas, California can be pretty confusing. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.