Litigation Lawyers in Susanville
In Susanville, California, "civil procedure" refers to the varied processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Susanville, California are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most vitally, fairness.
In Susanville, California, civil litigation is typically extremely intricate. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly confusing. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Susanville, California Civil Procedure Issues
Complaint: In Susanville, California the first 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 important 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: For the defendant, the answer is typically the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer normally denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For example, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.
Discovery: Once the complaint and answer have been filed in a Susanville, California court, the next major civil procedure issue comes up. Discovery is the process in which both sides of the lawsuit are required to disclose required 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: It's quite rare for lawsuits in Susanville, California to go to trial. Susanville's civil procedure rules truly discourage trials, and alternatively have designed the system so that it's almost always more cost-effective to settle out of court. However, if this is not possible, the matter will go to trial, where a judge and/or jury will determine the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Susanville, California Lawyer Help?
If you're facing a lawsuit in Susanville, California whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.
Civil Procedure in Susanville, California can be pretty intricate. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.