Litigation Lawyers in Stanislaus County
In Stanislaus County, California, "civil procedure" refers to the varied processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Stanislaus County, California are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most notably, fairness.
In Stanislaus County, California, civil litigation is frequently 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 Stanislaus County, California Civil Procedure Issues
Complaint: In Stanislaus County, California the initial step in suing somebody (after speaking with a lawyer to determine if you have a case) is typically filing a complaint. The complaint is also one of the most significant documents in the civil litigation process. By laying out the wrongs that the plaintiff alleges the defendant has committed, as well as the remedies that the plaintiff wants the court to provide, it can set the tone for the entire rest of the case.
Answer: The answer is a document filed by the defendant, in response to a complaint. The answer typically contains a few things: normally, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will typically 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: Once both sides have fired their opening volleys in the form of the complaint and answer, the next procedure in civil litigation in Stanislaus County, California is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is obligated by law to disclose relevant information to the other side. These disclosures come in the form of depositions, the production of documents, and answers to written questions submitted by opposing counsel.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Stanislaus County, California, it is truly very rare for civil lawsuits to make it this far. Civil procedure in Stanislaus County 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 Stanislaus County, California Lawyer Help?
If you're facing a lawsuit in Stanislaus County, California whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.
It should go without saying that you should have a Stanislaus County, California attorney on hand to deal with any civil procedure issues that you're almost sure to face, if you're engaged in a lawsuit.