Filing a Lawsuit in San Jose, California
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If you think that you may want to file a lawsuit, you should not make this decision easily, and there are a lot of factors that need to be taken into account. Obviously, you should never go into a lawsuit without at least consulting a reliable San Jose, California civil litigation attorney.
Once you have retained an attorney in San Jose, California, he or she will be able to help you devise a strategy on how to proceed, which will hopefully maximize your chances of success in your lawsuit. Your lawyer can also provide you a rough idea of how much the lawsuit is likely to cost, taking into account court fees, expert witness fees, and other costs.
Steps for Filing a Lawsuit in San Jose, California
Consultation with your attorney: Before you file a lawsuit in a San Jose, California court, you need to meet and confer with a local lawyer. You lawyer in San Jose, California can advise you on whether or not your lawsuit has merit, and how possible it is to prevail.
Drafting The Complaint: Once you determine that pursuing a lawsuit in San Jose, California civil court is worth your time and effort, you need to file a complaint. The complaint can set the tone, and frame the issues, for the rest of the litigation procedure, which can drag on for months, or even years (and decades, in some cases). This is because the complaint lays out all the allegations against the defendant. It also normally asks the court for particular relief, should it rule in the plaintiff's favor.
Serving The Defendant: Once you, or your lawyer, have drafted a complaint, the defendant must be served with it, so they have notice that they're being sued, and are given time to prepare a defense. San Jose, California has certain rules governing how a complaint must be served, for the service to be valid. Personal service (having someone give the documents directly to the defendant) is preferred. However, some courts will also accept service by mail in limited circumstances, or service upon an adult member of the defendant's household.
Await Defendant's Response: In San Jose, California, the law gives civil defendants a fairly long period of time (a month or two normally) to respond to a lawsuit against them. The most frequent response is either an answer (where they address the factual allegations against them, normally denying most or all of the allegations) or a motion to dismiss (where the contend that, even if everything alleged in the complaint is true, those facts would not establish liability). If the defendant does nothing, and fails to respond, they run the risk of having a default judgment entered against them. This normally means that the court automatically rules against them, treating the plaintiff as if they won the lawsuit. This gives the plaintiff a judgment against the defendant, which they can seek to collect using all legal means.
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How Can A San Jose, California Tort Lawyer Help?
This article gives you a general picture of what is necessary to file a lawsuit in San Jose, California. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
Thus, if you want to file a lawsuit against someone in San Jose, California, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.
Lawsuit Attorneys in the Largest CA Cities
Life in San JoseSan Jose, California is a large city filled with families, universities, young professionals trying to make it in the Silicon Valley, and a diverse population! Some of San Jose's most visited attractions are the Children's Discovery Museum, Happy Hollow Park and Zoo, the HP Pavilion Center, the Tech Museum, San Jose Museum of Art, History Park, Winchester Mystery House, J. Lohr Winery, and Plaza de Cesar Chavez Park.
San Jose is also filled with great dining areas such as Santana Row, and great shopping with many malls such as Westfield's Valley Fair and Oakridge Shopping Centers. San Jose is also home to the Silicon Valley, an area that gave birth to companies such as Apple and Google, and a great place for small start-ups. Therefore, there is something for every type of professional in Silicon Valley.
To serve the Silicon Valley's legal needs, many law firms have office locations located in, or near, San Jose. These firms house some of the sharpest legal minds in the country. All in all, no legal need goes unattended in San Jose, California.