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Not always. The final step in litigation, in many cases, is a court trial and the parties do have to be present. However, the process of litigation usually begins with the filing of a complaint. That document is filed with the court, but the plaintiff does not have to appear until further proceedings in the litigation require his or her attendance.

3. Who Are The Plaintiffs And Defendants?

The plaintiff is the person or entity seeking a determination of their rights according to the laws that govern the subject matter in which they are involved. The defendant is the person or entity against whom a claim has been made. In litigation there can be several plaintiffs and several defendants. These plaintiffs and defendants are called "parties".

4. Which Laws Apply To My Case?

Which laws apply to a given matter is determined by many factors. Those factors include, but are not limited to, location of the parties, location of the real estate, location of the subject matter, and the nature of the matter. Federal laws apply exclusively to some areas of the law, such as bankruptcy. State laws often apply to people and matters within a particular state. Each state in the union has different laws.

5. What Laws Apply In California?

Both federal and state laws are applied within the State of California. There are special federal courts to handle federal law and state courts apply state laws.

6. What Is The Difference Between Municipal Court And Superior Court?

Municipal and Superior Courts are the two primary courts for application of California Law. Which court a matter goes to depends upon several factors including jurisdiction. In civil matters, the amount of money involved in the matter may determine which court the matter is heard. A complaint for less than $25,000 is generally heard in Municipal Court. Matters in excess of $25,000 are generally heard in Superior Court.

7. What is a Complaint?

A complaint is the document that often starts the litigation process. The complaint sets forth the names of the plaintiffs and defendants. It states what is the basis for the claims (Causes of Action), what evidence exists to support the claim and what the plaintiff is requesting in the form of action to be taken by the Court.

8. What Is A Cross-Complaint?

Generally there are two sides to every story. The defendant in a matter may believe a different set of circumstances exist from those stated by the plaintiff. In such a case, the defendant may have a claim of his own which he can bring against the plaintiff or other third parties which may somehow be involved and responsible for the defendant's situation. The defendant prepares a cross-complaint which is similar to a complaint. It sets forth the reasons the defendant thinks he will prevail in Court.

9. What Is An Answer?

An answer is the document that the defendant files with the court responding to the allegations of the plaintiff. The defendant can admit some of the plaintiff's allegations, deny others, and add responses of his own. Those responses are called "affirmative defenses".

10. What Happens If I Don't Answer The Complaint?

The defendant normally has 30 days from the day he is served with a complaint in which to respond or answer. If the defendant fails to timely file his answer, the plaintiff is may ask the court to grant a default judgment. If the defendant does not object, the plaintiff can go to court without the defendant, prove his case to the court and obtain a judgment including monetary damages against the defendant. That means the plaintiff may be able to recover the amount of the judgment from the defendant without the defendant ever having been in court.

11. What Happens After An Answer Is Filed?

After an answer has been filed the parties, or their lawyers, begin the process of evaluating each others claims, their defenses and the evidence available to prove or disprove their claims. This is called discovery.

12. What Is Discovery?

Discovery is the term used to describe the process of evaluating evidence to prove or disprove the plaintiff's or the defendant's case. There are several ways to conduct discovery the most common are interrogatories, requests for production of documents and depositions.

13. What are Interrogatories?

Interrogatories are a set of written questions that are presented by one party to the lawsuit to another party. The party receiving the interrogatories has 30 days in which they, or their attorney, have in which to answer the questions. The responding party may answer the questions or object to the questions or qualify their response to the questions. Those answers may be used at the trial to prove or disprove a party's case.

14. What Is A Request For Production Of Documents?

Litigation often involves written agreements and contracts between people such as purchase orders, leases, insurance policies, etc.. In order to evaluate a party's claim it is often necessary to review the written documents which may support that claim. Any party to a lawsuit may request that any other party provide them with copies of any and all documents in their control which in some way may relate to their claim. Parties, or their attorneys, may use those documents to support their client's claim or discredit someone else's claim.

15. What Is A Deposition?

A deposition is a meeting generally held in a lawyer's office which allows one party, or their attorney, to ask questions of another party to the case about their knowledge concerning the facts, events, and people involved in or related to the case.

16. What Is Arbitration?

Arbitration is voluntary or involuntary (ordered by the court) meeting of the parties in an effort to reach an agreement which could result in a settlement. An arbitration can be binding or nonbinding. The arbitration is conducted by an arbitrator who is generally a lawyer or retired judge. If the arbitration is binding the judgment is usually final. If it is nonbinding, the parties may agree to settle or ask to return to the litigation process.

17. If I Am Sued Or Want To Sue Someone Do I Have To Have A Lawyer?

Not necessarily. The law allows individuals to have an attorney or, in many cases, to represent themselves (in pro per). Some parties in a lawsuit, such as corporations, are required to have legal representation. Litigation is a complex process. People can sometimes unknowingly harm their case if they are not able to understand the law or properly represent themselves. It is best to talk with a lawyer prior to getting involved in litigation.

18. What Is Mediation?

Mediation is a voluntary effort between the parties to a lawsuit to settle their claims and avoid having to continue litigation. It is an informal meeting in a mediator's office (typically a lawyer or retired judge). Because it is voluntary the mediator tries to help both parties understand the other side and to honestly evaluate the strengths and weaknesses of both sides in an effort to reconcile their differences.

19. Conclusion

Litigation, the laws of the state and federal government and their separate court systems can be complex and confusing. Nevertheless the American legal system is the best in the world. It protects and defends the rights of its citizens and institutions.

What is a crime?

A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors (like petty theft, or jaywalking). No act is a crime if it has not been previously established as such either by statute or common law prior to the act. Historically, most crimes have been established by state law, with that law varying significantly state to state. There is, however, a Model Penal Code (MPC) which serves as a good starting place for students of criminal law to gain an understanding of the basic structure of criminal liability. In recent years the list of Federal crimes has grown. All statutes describing criminal behavior can be broken down into its various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or "actus reus" and a mental state, or "mens rea." Prosecutors have to prove each and every element of the crime to yield a conviction.

How do I post bail?

Persons held in the county facility after being arrested need to know whether a bond amount has been set for their release. In most counties, bond amounts are pre-set in accordance with various crimes. However, judges have the power to change the bond amount is various cases. Once you learn the amount of the bond, you can pay the bond in full or apply for the services of a bail bondsman. If you post a cash bond, it is necessary that the exact amount of cash posted be brought to the county facility. You are then released and given a receipt indicating the date you must return for trial. Upon the successful completion of the case, the bail amount should be returned to you. However, if you are convicted, plead guilty or plead no contest to the offense, the court may apply all or part of the bond to any fines or court costs imposed on you by the judge. If you do not post a cash bond, it may be helpful to contact a bail bondsman. He or she is an independent businessperson who will post the bond to secure your release from the county jail in return for a fee. Generally, the fee is ten percent. Additional collateral may be required by the bail bondsman.

What should I do if I'm charged with a crime?

If you are charged or arrested for a crime, you are entitled to certain constitutional rights. You have the right to remain silent, the right to know anything you say can be used against you in court, the right to stop answering questions at any time and the right to an attorney. Your right to an attorney includes all stages of the criminal proceedings and begins at the point you become the focus of a police investigation. If you cannot afford an attorney, the court will appoint one without charge. If you are arrested, you have the right to know the charges against you, the identity of the police officers and to make one phone call. This call should be to an attorney, your family or a trusted friend. When being booked by the police station, you should cooperate by giving basic information not related to the offense you are accused of. Before you answer any questions, it is best to talk with your attorney. What you tell your attorney is confidential and the fact that you decline police questions cannot be used against you in a criminal proceeding. Unless you are charged with a crime punishable by life imprisonment, you have the right to bail pending trial.

How can I get out of jail?

If you are arrested and taken to jail, certain procedures may be carried out before your release. You will be advised of preliminary charges against you. If you are fingerprinted and photographed within a reasonable time of your arrest, you will be taken before a judge who will inform you of the charges filed against you, your basic rights and the bond requirements to be released from jail. The amount of bond necessary to secure your release usually depends on the seriousness of the crime, your previous criminal record, if any, and the time you have lived in the area. You can request the bail be lowered in consideration of your ties to the community, financial resources, employment record and any factors in your favor. It is sometimes easier to get out of jail if you hire an attorney. The attorney can also request your bail be lowered if it appears excessive. However, even without an attorney you may be released upon a personal recognizance bond or on your personal promise to appear in court. If you do not appear for your court date, your bond will be forfeited and a warrant will be issued for your arrest.

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