Civil Pretrial Practice

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Presentation transcript:

Civil Pretrial Practice Overview of Pleadings

Overview of Pleadings – Filing a new Complaint Venue (Choosing the Correct Court) As a plaintiff, you have the ability to choose to file a lawsuit, and some degree of choice over where the lawsuit is filed. Typically, a lawsuit is filed in your choice of: The county where the real property (i.e. land) that is the subject of the lawsuit is located (CCP § 392); The county where the accident or other wrongdoing that is the subject of the lawsuit took place (CCP § 393); The county where any defendant lives at the time the lawsuit is filed (CCP § 395); The county where the contract that is the subject of the lawsuit was to be performed (CCP § 393); or The county where defendant corporation, LLC, or other business entity has its principal place of business (CCP § 395.5). A contract may also specify the court that will hear any disputes related to the contract.

Overview of Pleadings – Filing a new Complaint Venue (Choosing the Correct Court) As a plaintiff, you have the ability to choose to file a lawsuit, and some degree of choice over where the lawsuit is filed. Typically, a lawsuit is filed in your choice of: The county where the real property (i.e. land) that is the subject of the lawsuit is located (CCP § 392); The county where the accident or other wrongdoing that is the subject of the lawsuit took place (CCP § 393); The county where any defendant lives at the time the lawsuit is filed (CCP § 395); The county where the contract that is the subject of the lawsuit was to be performed (CCP § 393); or The county where defendant corporation, LLC, or other business entity has its principal place of business (CCP § 395.5). A contract may also specify the court that will hear any disputes related to the contract.

Overview of Pleadings – Filing a new Complaint Necessary Documents Required Documents for all Courts: Summons Complaint Other Documents Commonly Required for Some Courts: Civil Case Cover Sheet (Most Courts) Alternative Dispute Resolution Information Package (Most Courts) Civil Case Cover Sheet Addendum (LASC Personal Injury Courts)