Timelines for Filing a Civil Suit in California
Jan 4 2023 0

Timelines for Filing a Civil Suit in California

To file a civil suit against another party, you must abide by the established timelines. Each state dictates its own deadlines and statute of limitations. It is critical to abide by these established timeframes because if you fail to take action in the appropriate amount of time, it is likely your civil suit will not be seen by the court. As a result, your ability to recover the damages you suffered will be lost.

There are specific requirements that must be met when filing a legal suit in California. Working with an experienced legal professional can help you understand the deadlines and the preconditions that are involved in filing a suit. For help with a personal injury claim, a business dispute, or other civil matters, the Los Angeles civil attorney at the Leiva Law Firm is here for you.

Filing Requirements for Civil Suits in California

Timelines for Filing a Civil Suit in CaliforniaThere are several types of civil suits that you can file. While there are exceptions, the general details of California’s statute of limitations or the length of time the state allows to file a suit are shown below.

  • Breach of oral contract and personal injury claims have two years.
  • Breach of written contract has four years.
  • Medical malpractice, property damage, and fraud claims have three years.

Additional filing requirements in a civil suit include:

  • A complaint to defendants in a claim must be delivered within 60 days.
  • Defendants are allowed 30 days to respond to a complaint.
  • The discovery portion of a case can begin 20 days after a complaint has been served.
  • A response to any written requests that happen during discovery must be done within 30 days.
  • A motion to compel a response can be made 45 days after receiving a response that is lacking.
  • The process of discovery must cease 30 days prior to a trial happening.
  • Discovery motions can be heard up to 15 days prior to a trial.

The list above shows the basics of the timelines that exist in civil suits. But, there are other deadlines that may be observed in a civil case, and these can vary. For instance, certain motions that may be necessary to get information or protect information will have their own deadlines. An attorney will understand what steps are necessary to work through the claims process and what the cut-off points are for the various actions that happen along the way.

The importance of following specific procedures and meeting deadlines cannot be understated. Failure to stick to the protocols and the rules can mean that a case will not be heard by the court.

While you can file your own legal suit without legal representation, this is typically not recommended. Due to the intricacies and complexities that come with legal suits, having a knowledgeable legal professional helping you will improve your chances of winning your claim and being compensated for the damages you sustained.

Call the Leiva Law Firm Today

The legal system can be confusing, and there are strict guidelines that must be followed for a case to move forward. For help with a civil suit in California, please call the Leiva Law Firm to schedule a free consultation at (818) 519-4465.

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