Litigation Lawyers in Tulare County
In Tulare County, California, "civil procedure" refers to the various processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Tulare County, California are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most especially, fairness.
In Tulare County, California, civil litigation is usually extremely perplexing. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly perplexing. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Tulare County, California Civil Procedure Issues
Complaint: In Tulare County, California the initial step in suing somebody (after speaking with a lawyer to determine if you have a case) is usually 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: For the defendant, the answer is usually the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer typically 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 instance, 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 both sides have fired their opening volleys in the form of the complaint and answer, the next procedure in civil litigation in Tulare 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: It is actually quite rare for civil lawsuits in Tulare County, California to go to trial, since the rules of civil procedure in Tulare County highly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. Nonetheless, when neither of those things happen, the case goes to trial. This is when a judge and jury determine the questions of law and fact, respectively, raised in the case. The jury then issues a verdict, based on the evidence presented to them.
How Can a Tulare County, California Lawyer Help?
If you're suing anyone, or are being sued, in Tulare County, California, dealing with issues of civil procedure is going to be a fact of life for quite some time.
Because the rules of civil procedure in Tulare County, California are complex, it's smart to have the counsel of an experienced attorney through every step of the process.