Most people have never been involved in a civil lawsuit before. Instead, their knowledge of the legal process is largely limited to what they see on television. The chart below is designed to help acquaint our visitors and clients with the overall litigation process. The chart is not meant to be all-inclusive. It is important to remember that litigation often takes on a life of its own.
- Lawsuit is initiated by Plaintiff by filing Summons and Complaint
- Defendant may challenge the Complaint and Plaintiff may Amend the Complaint if allowed to do so by the Court.
- If the Court determines that the Complaint is sufficient, Defendant will file an Answer. THE CASE IS NOW “AT ISSUE”
- The Parties typically start to conduct discovery (written discovery, depositions and third party discovery) within 30-60 after the Answer is filed, although a Defendant start conducting discovery immediately after being served, and a Plaintiff can conduct discovery 20 days after Defendant has been served.
- The parties begin to gather facts and evidence necessary to prove or disprove the elements of each cause of action that Plaintiff alleges in the Complaint
The Parties will also conduct discovery on the affirmative defenses that are alleged by Defendant in the Answer to the Complaint- Once the case is “at issue” the Court will hold a Case Management Conference, Status Conference or Trial Setting Conference to make sure the Parties are on track to go to trail in 12 months from the date the Complaint was filed.
Note: given the impact of California’s budget cuts, it is unlikely that a case will go to trial within 12 months at this time. The actual time varies by county.- Motions to Compel Discovery Responses or Further Discovery Responses are filed throughout the case when parties do not cooperate during the discovery process
- Once the Parties have Conducted all of their fact gathering and have exchanged all evidene they will use to prove or disprove the case at trial, one or more parties may file a Motion for Summary Judgment or Summary Adjudication
- Motions to Compel Discovery Responses or Further Discovery Responses are filed throughout the case when parties do not cooperate during the discovery process
- Once the case is “at issue” the Court will hold a Case Management Conference, Status Conference or Trial Setting Conference to make sure the Parties are on track to go to trail in 12 months from the date the Complaint was filed.
- The parties begin to gather facts and evidence necessary to prove or disprove the elements of each cause of action that Plaintiff alleges in the Complaint
- The Parties typically start to conduct discovery (written discovery, depositions and third party discovery) within 30-60 after the Answer is filed, although a Defendant start conducting discovery immediately after being served, and a Plaintiff can conduct discovery 20 days after Defendant has been served.
- If the Court determines that the Complaint is sufficient, Defendant will file an Answer. THE CASE IS NOW “AT ISSUE”
- Defendant may challenge the Complaint and Plaintiff may Amend the Complaint if allowed to do so by the Court.
- Discovery
- Types of Descovery
- A party to the action can be served with a Notice of Deposition and can also be required to bring and produce documents at the depsition to aid in the examination
- The party must respond to all questions asked, unless instructed not to do so by the party’s own attorney
- If a response is not given that is satisfactory to the asking party, or if the party refuses to respond to a question asked during a deposition, one or both parties may bring a motion to have the judge decide whether a response or further response is necessary; sanctions are usually wawrded to the prevailing party in the amount of attorneys’ fees it cost the party to have the motion prepared and heard
- The Party asking the questions at deposition can file a Motion to Compel Responses at Deposition or a Moition to Compel Further Responses at Deposition
- The Party being deposed can file a Motion for Protective Order before, during or after the deposition to prevent or limit the use of the testimony sought or given
- If a response is not given that is satisfactory to the asking party, or if the party refuses to respond to a question asked during a deposition, one or both parties may bring a motion to have the judge decide whether a response or further response is necessary; sanctions are usually wawrded to the prevailing party in the amount of attorneys’ fees it cost the party to have the motion prepared and heard
- The party must respond to all questions asked, unless instructed not to do so by the party’s own attorney
- Third Party Discovery
- Inspections of Tangible Things and Real Property
- Written Discovery
- Request for Admissions A party can be asked to admit or deny certain facts
- If the Party admits certain facts, it will help narrow the issues in dispute
- If a Party denies all or part of a request for adm ission, that Party will be required to state all facts and identify all witnesses and documents that saupport the denial if form interrogatory 17.1 is served at the same time as the requests for admissions
- Interrogatories An interrogatory is a fancy word for a quesetion thimk: interrogate)
- Requests for Produiction of Documents
- Request for Admissions A party can be asked to admit or deny certain facts
- Expert Discovery
- A party to the action can be served with a Notice of Deposition and can also be required to bring and produce documents at the depsition to aid in the examination
- Types of Descovery