Litigation Process

Please Note

 

 

Nothing on this web site should be viewed as creating an attorney-client relationship between you and our law firm, or any of our attorneys. The information here is general in nature and should not be viewed as applying to your specific circumstances. Only a qualified consumer rights attorney can advise you about your specific situation. Hyde & Swigart are California consumer rights attorneys. State laws, and the interpretation and rulings on federal laws, are different in each jurisdiction. If you feel you need consumer rights legal advice, contact Hyde & Swigart at (619) 233-7770 for a free consultation.


 

 

Below are the basic steps involved in a many lawsuits. There is no such thing as a "typical" lawsuit, all are unique. However, these steps are commonly followed. Keep in mind that steps may not always be followed in the order presented, and different jurisdictions have different procedures.

Filing of a Complaint by the plaintiff.

The first step in any lawsuit is the drafting of the Complaint.

 

Service of the complaint on all defendants.

Nothing.

 

Answer or demurrer by the defendant (a demurrer is a special pleading that basically says even if all of the allegations raised in the complaint are true, the plaintiff is not entitled to a remedy through a court proceeding).

Nothing.

 

Cross-complaint or counterclaim filed and served by a defendant.

Nothing.

 

"Discovery" of the facts (informal and formal interrogatories, depositions, disclosure of experts, requests for admissions, etc.)

Nothing.

 

Motions to the court by any party to the lawsuit (either to restrict the extent of discovery, compel compliance with discovery requests or to resolve issues based upon evidence revealed during discovery).

Nothing.

 

Pretrial proceedings such as case management conferences, settlement conferences, referral to mediation or arbitration, preliminary motions to allow or exclude evidence at trial, pretrial briefs (statements of the facts and applicable law covering the issues to be presented at trial) and jury instructions (if required).

Nothing.

 

 

 

Trial by judge or jury, including jury selection (if required), opening statements, presentation of witnesses and evidence through examination and cross-examination, closing statements, and jury instructions by the judge (if required).

Nothing.

 

Rendering of a judgment by the judge or jury.

Nothing.

 

Post trial motions such as motion for mistrial or motion for reconsideration.

Nothing.

 

Appeal of the judgment.