You hear a lot about eleventh-hour settlements reached just before a jury delivers its verdict, and about lawyers’ courtroom arguments and questioning of witnesses, but what about the many different stages and preparation that a lawsuit goes through long before a California trial is begun? If you’re a prospective plaintiff or defendant, you can be spared the specifics of California procedures and local San Diego court rules governing lawsuits since that will be handled by your attorney, but you should know what you can generally expect to happen as your case moves forward. Every case will be different and vary in complexity, and there can be overlap in the stages a lawsuit will go through as it progresses. Despite the differences, it’s no surprise that the beginnings of a lawsuit are always the same: something went wrong. This could have been virtually anything. You may have been in a car accident and suffered a personal injury, the business you dealt with may have breached a contract, or your business may be accused of violating the ADA and California disability laws, and so on. At some point, the problem at hand could turn into a legal dispute, and at this stage it’s essential to hire an experienced lawyer to evaluate potential liability, negotiate, and advise you on what you can reasonably expect. If a fair settlement isn’t reached, then a lawsuit will be filed, but this doesn’t mean that negotiations are over, as attempts to settle will probably continue well after any trial begins in a San Diego superior court.
The lawsuit itself is officially started by filing a “complaint” that’s prepared by the plaintiff’s attorney after investigating the facts and researching the law that applies to the case. The complaint will set out the legal grounds for the lawsuit against the defendant and make a request, such as for monetary compensation. This document, together with a “summons” that orders the defendant to respond to the claim, will be delivered (“served”) to the person being sued. After being served, the defendant’s lawyer must act quickly and within the deadline to respond to the lawsuit and can take different actions depending on the situation. For example, the defendant can file an answer to the complaint, object to the complaint because it doesn’t state a legal claim, raise defenses, and may even have his or her own claim against the plaintiff. If so, the defendant’s attorney will file a counter-claim, called a “cross-complaint” in California state courts, to which the plaintiff will have to respond. If there’s a legal basis for it, one party can also try to get a judgment on the case (or part of it) without a trial, or get the case dismissed.
The attorneys will also begin “discovery,” which allows more investigation tools to be used so the parties can prepare or defend against the lawsuit. A few of the most important ways to gather evidence during discovery include interrogatories (written questions prepared by the lawyer that have to be answered under oath), depositions (questions that will be answered orally under oath), and orders for the other party or subpoenaed third parties to produce documents and photos. Throughout the process, lawyers will meet with the judge for conferences on the status of the lawsuit. Before the trial is set, the question will come up on whether there will be a jury trial or a bench trial (where a judge will decide your case). Depending on the lawsuit, you may have a right to a jury as long as a request for a jury is made within the time required, but sometimes the parties may want to waive this right and have the case tried by a judge. If not, then a jury will be selected. Then, attorneys for both parties will go through all the typical steps in a trial, i.e. opening statements, examining and cross-examining witnesses and experts, and presenting closing arguments. During the trial, either side may continue to try to cut the trial short and get a judgment in its favor. If the trial continues, lawyers will prepare jury instructions for the court’s approval. Jury instructions explain the laws that jury members must apply to the case (in other words, the specific things that must have been proven), and the judge will read approved instructions to the jury. After jury deliberations, or after the judge has reached a decision in a bench trial, the verdict will be read. A party might decide to challenge the judgment with a post trial motion, or by filing an appeal.
While it’s easy to focus on what lawyers do during a lawsuit, we’ll also advise you on what you can do from the start to help improve your chances of winning. For instance, it’s key that you tell us not only everything that can help your case, but also anything that has the potential to hurt it. Also, be careful to provide complete and accurate answers to interrogatories and during depositions, because dishonest answers are usually caught later and can significantly damage your case. Your credibility and truthfulness will influence the judge or jury’s decision as they weigh the evidence in your case. In doing our part to maximize the likelihood of success, we’ll identify your goals with you, thoroughly investigate your case, and persuasively negotiate with the other side. Although we’ll strive for settlement from the outset, we’re fully prepared to litigate your case in court. If you’re faced with a legal dispute, act quickly so that you don’t lose your right to sue or defend a case because you’ve waited too long. Reach San Diego Law Firm’s experienced trial lawyers at (619) 794-0243.
