Vincent W Davis Understanding the Civil Litigation Process - California Personal Injury Lawyers

Understanding the Civil Litigation Process

by Vincent Davis on July 16, 2013

Many non-attorneys often have misunderstandings regarding the civil litigation process. In civil matters, there is pre-litigation and litigation. In pre-litigation, that is where there is an attempt to settle the dispute without involvement by the judicial branch. When settlement negotiations fail during the pre-litigation process, this is when litigation begins.

Generally, litigation begins with the filing of a complaint. Once the complaint is filed the defendant(s) have thirty days to answer the compliant, demurrer, motion to strike, or challenge jurisdiction of the court to hear the matter. When a demurrer, motion to strike, or challenge of jurisdiction is filed, it delays the civil matter from moving forward because it either attacks the face of the complaint or attacks the power of the court to preside over the matter.

If and when the court rules that the case can move forward, the defendants must then answer the complaint. After the complaint is answered, the discovery period begins. Discovery is the period during litigation where all parties involved conduct fact finding. Discovery is generally allowed up until 30 days prior to trial.

This is just a brief overview of the litigation process. Litigation can be a long and exhaustive period best left for an experienced attorney. Most attorneys will tell you that a lawsuit is won and lost during discovery. Therefore, it is imperative that you are represented by attorney that will effectively and zealously advocate on your behalf.

To schedule a FREE, confidential, no obligation consultation with a Personal Injury Attorney from the Vincent W. Davis & Associates, call us at (626) 446-6442 or submit a FREE Case Evaluation Form. Email: [email]vince.davis@californiapersonalinjurylawyers.pro[/email]

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