For our section on civil lawsuits, part three discusses summary judgment, dismissals, case management and trial setting, settlement procedures, and judicial mediation and arbitration. In San Diego, there are several Superior Courts and it is important to have an attorney who is experienced with the local rules. Having a lawyer represent you in your civil law suit, whether you are the plaintiff or defendant, is most important to protect your legal rights. As you saw from part one and part two, this is a very complicated area.

Summary judgment motions and procedure are critical to many civil law suit cases. There are many procedural requirements for the moving party and these must be strictly followed and there are also many procedural requirements for the opposing party. Especially important in summary judgment motions, and for all civil law suits, is what is the burden of proof and who bears the burden of proof and this is the basis for many summary judgment motions. A Judge will make a ruling on the summary judgment motion and this may make the difference between a case being dismissed before an actual trial so this strategy is one which may be appropriate to your case. Other considerations include entry of the judgment or order, challenging a judgment or order in the trial court as well as any appellate review of the summary judgment order.

A dismissal of the case, if you are the plaintiff, will end your civil law suit. A dismissal of the case, if you are the defendant, will also end the civil law suit. Depending on which side you are on, this can make the difference between going to trial or not. Voluntary dismissals can be strategic in nature and also cross complaints need to be considered when a voluntary dismissal is being considered. There are also involuntary dismissals which can include statutes governing delay for prosecution of the civil law suit and action, mandatory grounds, discretionary grounds and other important considerations.

Case management and trial setting procedures are governed, in San Diego, by the "fast track" system which was implemented to expedite the resolution of civil law suits. The case management system was implemented to accomplish this goal. It is vital to know whether your case is a "fast track" case or falls within one of many exceptions to the fast track rules. There are also methods for asking for a preference in the setting of the trial date and these include aged, ill or parties who are minors among others. Consolidation, coordination and bifurcation are all important considerations and these need to be compared with permissive joinder rules, cross complaints, interpleader and bill of peace among others and an experienced civil attorney can assist with analyzing these and seeing there are appropriate for your case. There are also cases which need motions to continue a trial and, sometimes, trials are stayed by other proceeding such as a filing in federal court of a petition for bankruptcy. Mandatory settlement conferences, prior to trial, are often {but not always} set by the San Diego Judges to try and settle the case before both sides spend thousands of dollars more [if not hundreds of thousands of dollars] for a trial. The rules for the mandatory settlement conference and brief are complex and very specific. For example, mandatory settlement conferences for minors or incompetents need approval by a guardian or parent. Many times, there is a statutory offer to compromise under Code of Civil Procedure Section 998 which is a useful strategy in many cases to try and settle. In some cases, there can be a settlement but not compliance which may lead a motion to enforce the settlement under Code of Civil Procedure Section 664.6.

Alternative dispute resolution by either mediation or judicial arbitration have increased in recent years as parties try to lessen the legal fees and costs involved with going through a full trial. There are many important considerations in deciding whether to agree to mediation or arbitration and, not the least of which, is who will be the mediator or arbitrator. An experienced civil attorney can discuss the different mediators and arbitrators and then an intelligent and informed decision can be made as to who to select if this is going to be implemented as a strategy. There are certain cases which have, in the contract between the parties, an arbitration clause and this is distinguished from judicial arbitration. Many civil proceedings in San Diego County Courts are subject to judicial arbitration and there will be an arbitrator selected and an arbitration hearing. After the arbitration hearing, there is normally an award either for plaintiff or it can be for the defendant and both parties can request a trial de novo but there are strict rules and time periods for this. An experienced civil law suit attorney can explain the procedure in detail.

Please contact us to set up your free consultation with our experienced lawyer in this area. We can discuss whether you should consider arbitration, mediation or trial and what the advantages and disadvantages are.