California Civil Process

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Process of a Lawsuit

Our legal system is based on the adversary system. This system allows opposing parties to present their case to an impartial third party who renders a decision. The adversary process determines the facts of the case, determines the governing law, applies the law to the facts, and provides a resolution.

There are two kinds of cases: civil and criminal. Civil cases resolve private conflicts between people, businesses, and the government. Criminal cases involve the enforcement of laws by the government. Most disputes are resolved before the finality of a trial. Disputes may be resolved before any legal action is filed, after legal action is filed in court, or while a trial is in process but before the judge or jury renders a decision. Most cases have to be filed within the time limits set by law. These limits are known as statutes of limitations. The time limitations vary depending on the type of legal claim filed. If a person does not file a case within the time period set by law, he or she may lose the right to have the court resolve their claim.

Civil Process

The burden of proof in a civil case is on the party who initiates the case (the plaintiff). Unlike criminal cases which require a burden of proof “beyond a reasonable doubt”, the plaintiff in a civil case must prove his or her case by a preponderance of evidence. This means that the party in a case who presents the more convincing evidence wins the case. Civil juries consist of 12 persons or any number less than 12 that the parties agree to in open court. A civil jury is not required to reach a unanimous verdict. If three-fourths of the jurors agree on a case resolution, it may be enough for a verdict.

Civil Pretrial Process

As previously mentioned, a civil case is a private dispute between two or more parties. The following is an outline of the steps one may take if a civil action is filed in a California superior court.
The plaintiff has his or her attorney prepare a document called a complaint. The complaint states what the dispute is about, why the defendant is responsible, and asks the court to take a stated action, such as awarding damages. The complaint, along with a summons, is delivered to the party the action has been filed against. A summons is a written order stating that a defendant must answer the plaintiffs complaint. There are requirements for serving a summons. The party served is the defendant. The defendant has a specific period of time to respond to the complaint. This written response is an answer. The answer admits or denies allegations in the complaint, states any defenses to the plaintiffs complaint, and asks the court to decide in favor of the defendant. The defendant also may respond by stating claims he or she has against the plaintiff. Any claim by the defendant against the plaintiff is a cross-complaint. The plaintiff in turn must respond to the defendant's cross-complaint. If the defendant does not respond to the complaint, the plaintiff can win the case by default. The complaint, answer, and any cross-complaints are called the pleadings. These documents are filed in superior court.

If it appears that based on all the information presented, one side clearly has a preponderance of evidence and no triable issue of fact remains, that side often will file a motion for summary judgment. If the judge rules in favor of the party requesting the summary judgment the judge may dismiss the case. There are a number of grounds on which a party may ask to dismiss a case. For example, a party may claim the court does not have jurisdiction, or that the action was brought too late under the statute of limitations.

There are several more steps that may be taken by the parties or the court before a case goes to trial. To assist the parties in preparing their cases and learning about the other side's case, they engage in a process called discovery. During discovery, each side may ask the other to answer written questions (interrogatories), provide copies of documents, or answer questions orally under oath deposition). A deposition usually is held in an attorney's office and recorded by a stenographer. A deposition can be used to impeach a witness during the trial if testimony at trial is different from the testimony given at the deposition. Each side also may make motions to ask the court to settle legal questions that arise.

During this pretrial process, the parties may settle their dispute. Most civil cases filed in California state courts are settled without going to trial. Instead of facing a trial many civil litigants and their attorneys consider the possibility of settling a lawsuit through a process known as alternative dispute resolution (ADR), which may include processes such as arbitration or mediation.If the case cannot be resolved through the process of ADR it will proceed to trial.

Trial Process

Whether a case is civil or criminal, the basic outline of a trial is similar. The decision maker in a trial can be either a judge or a jury. There are rights to a jury trial in many cases, but this right may be waived by the parties.

If a jury trial is requested, the first step is selecting a jury. A group of persons selected for jury duty is brought into the courtroom and asked questions by the judge and attorneys for both sides. The questioning is to determine whether a person can be a fair and impartial juror. If it is determined that a person who cannot be fair they may be removed for cause. Others may be eliminated from the jury by the attorneys, without reason. This is known as a peremptory challenge. Each attorney has a limited number of peremptory challenges that he or she may make. When a jury is selected, the members are sworn in.

The next step is the opening statement. The opening statement allows each side to tell the jurors about the case, what to expect, and what they intend to prove. The plaintiff in a civil case and the prosecutor in a criminal case give their opening statements first.

After the opening statements, testimony begins. The plaintiff or prosecutor, whichever the case may be, calls witnesses to the stand and begins the questioning process. The questioning of a witness by the party who asked that witness to testify is called direct examination. The opposing side also has the opportunity to question the witnesses; this questioning is called cross-examination. After cross-examination, the first party may question the witness again in rebuttal.
After the plaintiff or prosecution is done presenting its case, it is the defendant's turn. This time, the defense calls and questions witnesses, and the opposite side cross-examines. Attorneys for either side may object to questions that the opposing side asks or evidence the opposing side wants to introduce. There are rules on what information is admissible in court, and the judge follows these rules when resolving the party’s objections.

After both sides have presented their cases, attorneys give closing arguments. In closing, each attorney summarizes the facts of the case and states why his or her side should win. Finally, the judge gives instructions to the jury on the law to be applied in the case. After receiving the judge's instructions, the jury retires to decide the issues in the case. After a jury renders it’s decision, if a party believes that there was an error during trial, he or she can appeal the decision to a higher (appeals) court.

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