THE CIVIL CASE PROCESS IN A

CALIFORNIA SUPERIOR COURT

Mr. Binky was juggling on a street Mr. Turney asked Mr. Binky to pay
corner when he lost control of for medical bills incurred as a Mr. Binky answered Mr. Turney’s
the balls he was juggling. One of result of the accident, but Mr. complaint stating that Mr. Turney
the balls struck Mr. A. Turney on Binky said it wasn’t his fault. He caused his own injury by
the head, causing an injury. Mr. claimed Mr. Turney was standing standing too close. He also filed
Turney incurred bills for hospital- too close. a cross-complaint against Mr.
ization and treatment. Turney claiming loss of business.
Mr. Turney then filed a complaint
at the Superior Court to claim his
damages.

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A judge heard
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the reasons Mr.

Mr. Turney’s attorney discovered that Mr. Binky had lost control of his
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Binky did not want

balls on several other occasions, causing injuries to other passersby. So
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to appear at the
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deposition but was he decided to depose Mr. Binky and see what he could discover about
not impressed. He these other injuries.
ordered Mr. Binky to
appear at the deposition Mr. Binky refused to be deposed, saying he just wants to go to court. Mr.
and to cooperate or he Binky’s lawyer tried to explain to Mr. Binky that the plaintiff, Mr. Turney,
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would fine him $1000. had a right to the deposition. But Mr. Binky could not be persuaded.
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Mr. Binky only

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frowned. Later that

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day he fired his So Mr. Turney filed a motion with the court asking the court to compel
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attorney. Mr. Binky to appear at his deposition.

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As you can see, the

hole in my head is the Mr. Turney merely asked Juror
same shape as Mr. Binky’s #9 to stand up and show
juggling balls. everyone his new head wound.
Mr. Binky insisted on a jury trial. urk!
12 jurors were selected and
sworn in. Not having found In his rebuttal, Mr. Binky claimed
another attorney to represent again that Mr. Turney had strayed
him, Mr. Binky was forced to too close to the balls, so the
represent himself at trial. So, he injury was not the fault of Mr.
did not have the advice of Binky.
counsel when he decided to
juggle for the jurors while giving Mr. Turney presented evidence
his opening statement. He to prove he was injured with
wanted to show how skilled he jugglers’ balls and that the cost
was at juggling, and how only of his medical care was $750.
someone standing too close He also presented evidence of
could get hurt. Unfortunately, a pain and suffering. Mr. Binky was
ball got away from Mr. Binky and reluctant to repeat his mistake
hit a juror. at opening statements so he did
not present evidence disproving
Mr. Turney’s evidence, nor did he
present evidence that he lost
business as a result of Mr. Turney
filing a lawsuit. He merely
rested. The judge read the appropriate
laws to the jury and then told
Objection. How them that if they believed by the
does Mr. Turney know evidence that Mr. Binky was
what balls I use! careless, they must hold for the
plaintiff, Mr. Turney. He also
instructed them that they could
reduce the amount of an award
if they thought Mr. Turney
contributed to his injury by
standing too close to Mr. Binky.
The judge also instructed them
on Mr. Binky’s claims for loss of
business.

…and Mr. Binkey

was ordered to pay
$750 in actual costs
and a total of $1,000 The jury had few facts to
in compensation for discuss, nor could they forget
Mr. Turney’s pain and Mr. Binky’s very instructive
suffering. demonstration. It took them
no time to come to a decision.
“Verdict for the Plaintiff!”

©2004 Administrative Office of the Courts. All rights reserved.

 THE CIVIL CASE PROCESS IN A
CALIFORNIA SUPERIOR COURT

This is the event that causes damage; a A lawsuit is started by filing a complaint. An answer is a legal document filed by
car accident, injury or something else A complaint in civil cases is the legal the person the plaintiff believes caused
that causes a legal injury to one party. document filed by the person claiming the injury (the defendant). It contains the
to be damaged, called the plaintiff, defendant’s denial of responsibility for
which states the facts and identifies the the injury and/or affirmative defenses. Affir-
action the plaintiff wants the court to mative defenses are legal principles
take. Damages is the money requested defendant can raise like immunity that
by the person who allegedly has been might bar plaintiff from making a claim
injured. or reduce the amount of money a judge
or jury can award the plaintiff.

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the court for an order. A party Before a case goes to trial, each party engages in a fact-finding process called
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may bring a motion for various discovery. Discovery helps a party understand the other side’s version of facts,
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reasons, such as to compel another party

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what a party or witness knows, and other evidence. Sometimes the information
or witness to produce evidence, or to
learned in the discovery process helps the parties come to a settlement or resolu-
exclude certain evidence from being
tion of the case before going to trial. The most common discovery processes are
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presented at trial. In addition to motions,

parties can appear in court to resolve depositions and interrogatories. A deposition is a proceeding usually taking place
issues. For example, the court usually in an attorney’s office in which a witness is asked to answer questions about the
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has a pretrial conference to discuss case before a court reporter. Interrogatories are written questions sent by one
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issues and scheduling of party to the other for answering, in writing, under oath.
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the trial.
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Opening statements occur before the At trial, evidence is presented in a Each party is allowed to address the
presentation of evidence at a trial. They specific order. First, the plaintiff judge or jury after all evidence is
provide the parties an opportunity to presents evidence, which usually presented. Closing statements permit
tell the judge or jury what the parties involves calling a witness to the each party to summarize the evidence
think the case is about and some of the stand to answer questions about the each presented and to make recommen-
evidence they will be presenting at trial case. This is called direct examina- dations for a verdict. These statements
to prove their case. These statements tion. When the plaintiff is finished, are not subject to cross-examination.
are not given under oath and they are the defendant is allowed to cross- Sometimes, however, the plaintiff is
not subject to cross-examination . examine the witness on the answers given a final opportunity to reply to the
in the plaintiff’s direct examination. closing statements of the defendant.
The defendant can only ask ques-
tions that clarify or expand on
answers to questions already asked
on direct examination. After the
cross-examination, the plaintiff can
conduct a re-direct examination of
his or her own witness if necessary
to clarify or expand on any answers If the case is a jury trial, the judge will
given in the cross-examination. give instructions to the jury after all the
When the plaintiff is done calling all evidence in a case has been presented.
witnesses and introducing any docu- The instructions cover such matters as
ments into evidence, the defendant the responsibilities of the jurors, how
puts on his or her case. The same the jurors should evaluate the evidence,
process for the plaintiff’s presenta- and laws and legal principles that apply
tion of evidence is followed for the to the case.
defendant’s presentation.
A verdict by the jury (or a
decision by the judge) deter-
mines whether the defendant is
responsible for the injuries to the
plaintiff. If the judge or jury finds the In jury trials, deliberation is the process
defendant is responsible for the injuries, the jury goes through to reach a deci-
then they must decide the amount of the award sion in the case. This occurs in a sepa-
to be given to the plaintiff. An award might rate and private room after the evidence
include reimbursement for the cost of medi- has been given and the jury is instructed
cal treatment or money to compensate by the judge. A decision of the jury is
for pain and suffering. reached in civil matters when 9 out of 12
of the jurors agree on the verdict.

©2004 Administrative Office of the Courts. All rights reserved.