Civil lawsuits are for settling disputes in areas such as the property ownership, debt payments or belongings. This type of law is separate from criminal law, as no crime has occurred, and is also separate from public law.
In Sacramento there are 8 steps which you can expect a civil lawsuit to go through. Let’s take a look at these now.
- Drafting
This is where the case is first planned out (or drafted). At this point you may select a court and also need to draw up all the facts of the case and what the value of the case is. You are required to be a legal entity to file suit in Sacramento, if you’re unsure on what this means you can seek advice at Hackard Law and proceed from there.
- Plaintiff Filing
The plaintiff is the person who is bringing the case forward. They must file the case through their attorney and also pay any required remittance. At this stage, the case has officially entered the court system.
- Serving
Once the case has entered the system, it will be allocated a serial number and a date will be allocated for the posting. Papers will now be served on the defendant. The case is now active in the court system and both sides are aware of, and involved with, the proceedings. The defendant can delay at this point by avoiding the notice and making it difficult to serve them, though there are ways around this which your lawyer can explore.
- Initial Hearing
The initial hearing will outline the allegations being made and involve the defendant making a statement. They may choose to accept responsibility and end the case here, or they may deny the charges and continue forward.
- Defendant Statements & Disputes
Assuming the case continues beyond the initial hearing, the defendant will be given the chance to make statements and raise any disputes with the oppositions claims. Statements at this stage are usually given in writing. Disputes against the legitimacy of evidence or any claims of a law not applying to the situation would also take place during this step.
- Evidence Presentation
Now evidence can be presented for the case itself, by both the plaintiff and defendant. The plaintiff may also make a statement, usually done by putting them on the stand. Along with evidence and statements, questioning by lawyers will also take place at this stage. Witness statements for both prosecution and defence would also be presented during this step.
- Final Arguments (Both Sides)
Final arguments will sum up the case for both sides. This serves as a recap and gives the judge a good breakdown of what has been alleged and the evidence which has been shown in relation to the claim.
- Judges Decree
The judge will weigh up the case and the evidence on both sides. From here they will make their decision and pass a decree. This could be done after the final arguments or at a separate date.
