Basics
The civil litigation process is complicated. There are state wide rules of procedure, local rules of procedure, and local local rules of procedure (specific to courthouses and departments). Before you embark on the civil litigation process, it is important to know the civil litigation milestones to look out for.
First Step: Filing the Complaint
The lawsuit begins by the drafting and filing of a complaint. That is a document that explains to the the Defendant and the court what the Plaintiff is suing for. The complaint must be personally served on the Defendant within sixty (60) days of the complaint being filed with the court. If the Defendant cannot be found, they can also be served by substitute service or by publication (which requires a court order). The complaint requires a filing fee be paid to the court.
Second Step: The Answer
Once the lawsuit is served on the Defendant, the Defendant has thirty (30) days to file their answer or a demurrer. The answer simply admits or denies the allegations in the complaint while demurrer is a motion to dismiss the complaint based on the complaint being defective. An example of a defective complaint would be a complaint that fails to allege sufficient facts to state a cause of action. If a demurrer is filed, there is then a hearing and the Plaintiff will have an opportunity to file an opposition to the demurrer. The Defendant is required to pay a filing fee for their answer or demurrer, however there is no fee to oppose a demurrer.
Third Step: Discovery
Ten (10) days after the complaint is served, the Plaintiff may start the discovery process (the Defendant may send discovery any time after the lawsuit is filed). There are three types of written discovery: Interrogatories (special and form), requests for admission, and requests for production. Written discovery generally must be responded to within thirty (30) days. If a party fails to respond to discovery, the other party may file a motion to compel with the court to force a response. There is also oral discovery in the form of depositions. That is where a party is questioned under oath and in the presence of a court report. This process usually takes place at a law office, not a court. There are generally no filing fees associated with discovery.
Fourth Step: Motion for Summary Judgment
After discovery is complete, one or both parties may make a motion for summary judgment. This is a motion that asks the judge to determine whether either party is entitled to win as a matter of law. The judge will review all of the undisputed facts in light of the causes of action or defenses alleged by the parties. If there is no factual dispute, and a party is entitled to judgment as a matter of law, the judge will grant the motion for summary judgment. There is a filing fee for a motion for summary judgment.
Fifth Step: Trial
The point of a trial is to determine which party’s facts are true. Trial can either be in front of a jury or in front of a judge (a bench trial). The Plaintiff has the burden of proof, usually a preponderance of the evidence (meaning more likely than not). The Plaintiff’s case goes first, and then the Defendant has the opportunity to put on their own case in defense. After both parties have put on their case, the jury or the judge will deliberate as to a verdict. If liability is determined in favor of the Defendant, the case is over. If liability is determined in favor of the Plaintiff, the judge or jury will determine the amount of damages and a judgment will be issued.
Sixth Step: Post Trial
Once a judgment is issued, either party may file an appeal or make a post-trial motion to vacate or amend the judgment. Moreover, the Plaintiff must undertake efforts to collect that judgment. Many times the Defendant simply pays, however, sometimes the Plaintiff must take a debtor’s examination (an examination under oath of the Defendant) to determine where assets are hidden.
Contact our office to speak with a Los Angeles Civil Litigation Attorney for a free consultation about your case.
