Help with Civil Cases

Help with Civil Cases

Being your own lawyer in a limited civil (under $25,000) or unlimited civil (over $25,000 or where equitable relief is sought) case is FAR different from doing so in small claims or family law. In small claims and family law, the rules are relaxed so that you present your facts and evidence, and the judge makes a decision. Regular civil cases involving larger amounts of money or equitable remedies are far more complex. 

On this website, we want to make it clear that we do not provide legal advice. However, we are going to make an exception in this case. If you are being sued or are considering filing a lawsuit in the limited or unlimited civil division and you can afford it, then it is best to hire a lawyer. California Appellate Judge Earl Johnson, Jr was right on the money when he said:

"People without lawyers have access to the courts in the same sense as Christians had access to the lions when they were dragged into the Roman arena.”

But you likely wouldn’t be reading this if you could afford a lawyer or if you thought your case warranted the expense. A non-lawyer representing him/herself can be successful in a regular civil case, but s/he must learn and comply with a tremendous amount of law and civil procedure. (Lawyers spend (3) years in law school and the rest of their careers doing that!) The best evidence won’t get you a win if you can’t get it in front of a judge. 

In a regular civil case, that is not likely to be for at least a year before or after the case starts. In the meantime, you may find yourself:

• Making or responding to a demurrer, motion to strike, or motion for judgment on the pleadings. 
• Participating in one or more Case Management Conferences, or Trial Setting Conferences.
• Propounding or answering Form Interrogatories, Special Interrogatories, Requests for Admission, Demands for the Production of Documents, subpoena documents, taking a deposition, or being deposed. (All this is called “discovery” and encompasses an entire phase of the lawsuit). 
• Making or responding to a motion to compel or a motion for summary judgment (both of which are complex, but are only two examples of the enumerable kinds of motions that can be made in a lawsuit).
• Participating in mediation, arbitration, a mandatory settlement conference, or some other form of dispute resolution (including direct negotiations with the opposing party or their attorney).
• Participating in trial preparation– which almost always involves working together with the other party or their lawyer to get everything ready. Some courts require jointly prepared witness lists, exhibit lists, trial briefs, etc, some don’t.

And that last part segues to the rules. RULES, RULES, RULES. There are the California Rules of Court, the Code of Civil Procedure, the Evidence Code, and local rules of court for each county. For trial and sometimes motions, judges promulgate their own rules. Some rules apply to some situations, and not to others. The point is, do NOT underestimate the work you will put into just understanding what needs to be done or what is going on at any particular point in time. Abraham Lincoln is attributed with having said, 

"I should dread a lawsuit short of anything other than sickness and death."

Until now, you have probably been thinking mostly about the merits of your case. But the best case can’t be won without getting the evidence in front of the judge. And that doesn’t happen without following a lot of procedures first.