A lawsuit begins when the plaintiff files a "complaint" with the court. A complaint consists of a summary of the underlying facts of the dispute as well as the presentation of the legal theories that the plaintiff is relying on. A "summons" is a one or two page document that authorizes the plaintiff's attorney to serve the lawsuit on the defendant. When a defendant is served with the summons and lawsuit the defendant typically has 30 days to "answer" the complaint. Depending on the type of the lawsuit, a defendant may have more or less than 30 days to "answer". If a business is served with a lawsuit, the business should immediately contact a business attorney.
Initially, the defendant can challenge the complaint by filing a demurrer or motion to strike. These motions attempt to dispose of some or all of the complaint. If these motions do not dispose of all of the complaint, the defendant is required to file an "answer". An answer essentially denies the allegations in the complaint, and sets forth affirmative defenses.
Once the answer has been filed, the attorneys for the parties appear before the judge at a case management conference. The judge then assigns a trial date. At the conference, one or both sides can request a bench or jury trial. A bench trial means that the judge will decide the case. A jury trial means the jury will decide all factual issues. The judge will decide certain legal issues when necessary.
Before trial, both sides have an opportunity to conduct "discovery". Discovery can involve written questions (interrogatories), a request for documents to be produced (production request) or the appearance of the plaintiff or defendant before a court reporter and the attorneys to answer questions (a deposition).
Generally, in Orange County, from the time the complaint is filed, it takes 12 to 15 months before the case will go to trial.
