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PART I Introduction to Civil Litigation for the Paralegal

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PART I Introduction to Civil Litigation for the Paralegal CA_Part_I_V4.qxd 9/4/04 12:55 AM Page 1 PART I Introduction to Civil Litigation for the Paralegal CHAPTER 1 Litigation and the Paralegal KEY POINTS •Civil Litigation in California State Courts is regu- California Code www.leginfo.ca.gov/ lated by: calaw.html California Code of Civil Procedure California Rules of Court www.courtinfo.ca. California Rules of Court gov/rules/ Local Rules of Court California Codes, Cases california.findlaw. California Case Law com/ • The Judicial Council adopts rules and approves Judicial Council Forms www.courtinfo.ca. forms for litigation practice in California. gov/forms/ Recent California Cases www.courtinfo.ca. • Bookmark these cites.You will refer to them often: gov/opinions/ WHAT CIVIL LITIGATION IS The basic litigation process in the federal and state court most importantly, a different set of laws control. In spite of systems is similar. Nevertheless, many differences be- the differences, the job of the attorney and the paralegal in tween the two systems do exist. Time requirements are the litigation process remains the same. often not the same, the format of documents may vary and, DIFFERENT TYPES OF LAWSUITS Different types of civil lawsuits exist in California just as general litigation process is similar, special forms must be they do in all jurisdictions. Some of these differences used for pleadings. result in important changes in the litigation process, espe- cially in family law cases, unlawful detainer (eviction ac- UNLAWFUL DETAINER ACTIONS tions), and cases where the plaintiff is asking for less than $25,000. Unlawful detainer actions, while regulated by the general rules of civil litigation, have much shorter time require- ments for the various aspects of litigation. FAMILY LAW CASES Family law cases, although civil in nature, are governed by special rules found in the Family Code. Although the 1 CA_Part_I_V4.qxd 9/4/04 12:55 AM Page 2 2 PART I Introduction to Civil Litigation for the Paralegal CASES OF LIMITED JURISDICTION have been created to deal with these cases effectively, by providing the judges with special training and resources. Lawsuits where the plaintiff requests less than $25,000 in A complex civil case is defined by California Rule of damages are governed by special code provisions known Court, Rule 1800 as “an action that requires exceptional as Economic Litigation for Limited Civil Cases (found in judicial management to avoid placing unnecessary bur- sections 90–100 of the California Code of Civil Proce- dens on the court or the litigants and to expedite the case, dure). These rules are intended to simplify litigation pro- keep costs reasonable, and promote effective decision- cedures in small cases. These sections limit discovery but making by the court, the parties, and counsel.” These do not substantially alter the litigation process. include such cases as antitrust, securities claims, environ- mental and mass torts, and class actions. COMPLEX CIVIL LITIGATION Complex civil cases often present difficult problems for the court. Recently, pilot programs in several counties ALTERNATIVES AND LIMITATIONS TO LITIGATION In California alternatives and limitations to the litigation (ADR), in particular, mediation. Rules of Court 1620 et process are growing in popularity. Judicial arbitration, a seq. contain various procedures and rules for the use of special type of nonbinding arbitration, has been in effect mediators in California. Within the state, several ADR for many years. Judicial arbitration is part of the litigation providers have been established. These providers consist process. The California Code of Civil Procedure (referred of retired judges and experienced attorneys who offer their to as CCP) provides that in superior courts having eighteen services as arbitrators, mediators, discovery referees, and or more judges and cases where the damages do not ex- private judges. ceed $50,000 shall be ordered to a nonbinding arbitration Rule of Court 201.9 requires courts to provide parties hearing. Judicial arbitration is optional in other courts. If with an information packet concerning alternative dispute any party does not accept the award, then the case goes to resolution. This information can be made available online. trial. A party who does not agree with an arbitration award Along with the encouragement of ADR, the California must act promptly to reject it, however. A party rejects an legislature had also enacted laws that limit the litigation arbitration award by filing a request for trial de novo with process, especially in the area of medical malpractice. For the court in which the action is pending within thirty days. example, for medical malpractice cases various statutes (See CCP §§ 1141.10 et seq.). Rules of Court 1600 et seq. limit the amount of noneconomic damages (usually dam- contain additional information for alternative dispute res- ages for pain and suffering) that can be recovered, limit the olution in civil cases. amount of attorney fees that can be charged, and limit the The California courts have been encouraged to de- request for punitive damages. velop other methods of alternative dispute resolution SOURCES OF LAW The law of California civil litigation is found in the listing: store.westgroup.com. A second popular collection California Constitution, California cases, California codes of practice books are those published by Continuing Edu- (in particular, the California Code of Civil Procedure), the cation of the Bar (CEB). Numerous pleading forms are California Rules of Court and various local rules of court. also found in the California Forms of Pleading and Prac- Most courts have posted their local rules of court on the tice published by Matthew Bender. Internet. Local rules of court can usually be found on any court’s homepage. A directory of state court homepages PROFESSIONAL ORGANIZATIONS (trial, appellate, and Supreme Courts) can be found at Many counties in California have paralegal associations. www.courtinfo.ca.gov/courts/ Many of these belong to the California Alliance of Numerous secondary sources exist for litigation prac- Paralegal Associations (CAPA). Their website is www. tice in the California courts. Several works are published caparalegal.org. This site links to many local associations. by the West Group. Check their website for a complete CA_Part_I_V4.qxd 9/4/04 12:55 AM Page 3 CHAPTER 2 The Courts and Jurisdiction 3 CHAPTER 1 Addenda THE JUDICIAL COUNCIL AND CALIFORNIA CIVIL LITIGATION The Judicial Council in California is a group of judges, at- legal forms to be used in the courts. Some of the Judicial torneys, and legislative representatives. One of the impor- Council forms are mandatory, while others are optional. tant functions of this group is to adopt rules for practice Specific Judicial Council forms will be referred to in and procedures in the California courts. The Judicial subsequent chapters. The Judicial Council website can be Council has also adopted and approved various standard found at www.courtinfo.ca.gov/courtadmin/jc/. THE TRIAL DELAY REDUCTION ACT In an effort to reduce the delay in resolving civil cases, in California Government Code §§ 68603 et seq., California 1986 the California legislature enacted the Trial Court Rules of Court, Rules 205–210 and various local rules of Delay Reduction Act, more commonly referred to as fast court. The rules are sometimes referred to as “Differential track. Generally, fast track requires closer judicial supervi- Case Management Rules.” The California Government sion of cases, and results in many of the time limits being Code sets certain minimum time limits that must be al- shortened. At first this was a pilot project and was adopted lowed for serving and responding to pleadings, but within only in selected counties. It is now in effect throughout the those limits, each county is allowed to proscribe time re- state. Fast track rules require parties to act promptly in quirements within the county. As a California litigation serving and responding to pleadings and severely limit paralegal, you must be aware of any local rules regarding the right of attorneys to grant extensions or continuances fast track. Important attention must be paid to time limits. to one another. Fast track procedures are found in the CHAPTER 2 The Courts and Jurisdiction KEY POINTS • The California court system is patterned after the • Bookmark these websites, as they contain useful federal court system. information: • Most California trial courts are known as superior California Court www.courinfo. ca.gov court. Information • Smaller civil cases (under $25,000) are referred to Directory to state Courts www.courts.net as limited civil cases. CA_Part_I_V4.qxd 9/4/04 12:55 AM Page 4 4 PART I Introduction to Civil Litigation for the Paralegal UNITED STATES DISTRICT COURTS California is divided into four districts for the federal trial courts: District Location Website Northern San Francisco www.cand.uscourts.gov/ District Central Los Angeles www.cacd.uscourts.gov/ District Eastern Sacramento www.caed.uscourts.gov/ District Southern San Diego www.casd.uscourts.gov/ District UNITED STATES COURTS OF APPEALS California is in the Ninth Circuit. The court is located in San Francisco. Its website is www.ca9.uscourts.gov/. STATE COURT SYSTEMS The California state court structure is patterned after the cases. Sections 85–100 of the Code of Civil Procedure federal system and contains trial courts, courts of appeal control. The major differences in these cases are a reduced and one state supreme court. filing fee and more limited discovery. A complete list of all cases designated as limited civil cases is found in sections TRIAL COURTS 85, 86, and 86.1. The following is a list of some of the more common equitable cases now referred to as limited Until June 1998, the California court system consisted of civil cases: two different types of trial courts, superior courts and 1. Actions to dissolve a partnership where the total municipal courts.
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