The Process to File a Lawsuit in California
No matter what type of legal battle you are about to take on, filing a lawsuit in California is no mean feat. Naming the defendant, filing papers, and serving court forms are just a few of the necessary steps to take before your court case can see the light of day.
Even when you have legal expertise by your side, the actual processes can take a lot of time. This is especially true if you are new to navigating the rule of law in the Golden State.
From learning about the filing procedure to finding process servers Los Angeles attorneys can trust, here’s how you can file a lawsuit in California.
Find Process Servers Los Angeles Attorneys Rely Upon
Process servers are usually legally registered professionals who specialize in “serving” court papers to defendants.
Their work ensures that the named parties in the lawsuit receive intimation of the case. This way, the defendants don’t have any grounds of being uninformed of the lawsuit against them.
But process servers do much more than serving papers. With their skills, they can support attorneys through various other lawsuit processes. This includes but is not limited to investigating the whereabouts of hard to find individuals and filing relevant court documents.
Ensure That the Plaintiff Has Standing
To file a lawsuit, you need to make sure that the plaintiff carries the legal grounds to do so. Along with having proper reasoning, this also requires the party filing the lawsuit to be directly related to the case.
Once you have checked this requirement, you can move forward with the next steps. If you already have the support of process servers Los Angeles attorneys rely upon, these tasks are not difficult to execute.
Name the Defendant in the Case
Whether you are suing a person or an entity, it’s vital to refer to their legal name and address. This ensures that your court case can adequately identify the defendants and make them legally liable for any proceedings that come from your lawsuit.
If you can’t locate the defendant’s address or other information, you can reach out to a process server to carry out the task for you.
The more details you have, the better it is for your case’s standing and subsequent processes. That is why you need to make sure to collect as much information as possible.
Prepare and File the Paperwork
In California, you need to go through various court forms and have proper paperwork beforehand to file your lawsuit. This is not different from other jurisdictions, which carry similar requirements to ensure the strength of filed lawsuits.
Afterward, you will need to file the paperwork with the required jurisdiction and venue. This depends on the case’s various factors, but the information remains relatively simple to figure out.
If you need further help with these processes as a new attorney in CA, you can reach out to process servers Los Angeles lawyers rely upon to get relevant answers.
Stay Informed and Keep the Court Updated
As a rule of thumb, you need to make sure that you know the proper court fees and any other legal references that may help your case.
You also need to keep the court updated about whether the defendant has been served or not, which can be done through the proof of service or affidavit of service signed by your process server. This ensures that your lawsuit can move forward promptly.
Once you have filed your lawsuit, the future steps can vary on a case to case basis. If everything goes smoothly, you can either get your case to court or settle out of court with the defendant.