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Civil Court
Introduction
[Esta página está en español;
Trang này bằng tiếng Việt]
Disclaimer: This website doesn’t give you legal
advice. This is only general information. Talk to a lawyer for help.
If you would like to search the Court's case index for
information about a particular Civil case, or look up a hearing date, click
here to visit our public access Case Info website.
 The
Civil section of the website tells you about:
-
Introduction to Civil Court
-
What are Civil Court cases?
-
Do I need a lawyer?
-
What is a Guardian ad litem?
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Where to get more help?
-
How can I solve this without going to court?
-
Introduction to civil cases:
"Civil" cases are the cases in
court that aren’t about breaking a criminal
law (called a violation of criminal law).
There are a lot of different kinds of cases in Civil Court. We have separate
sections for the main kinds of civil cases:
-
General Civil Cases:
Cases about contracts, damage to property or someone getting hurt.
-
Family Cases:
Divorce (called dissolution
of marriage), child support
and child custody
cases.
-
Juvenile Cases:
Cases about child abuse and neglect (called juvenile
dependency). Or, when someone under 18 breaks the law (called juvenile
delinquency).
-
Landlord/Tenant Cases:
Cases about renting or leasing a place (called real property).
We give you information about "Unlawful Detainer" cases — this means whether
or not the tenant can stay on the property.
-
Small Claims
Cases:
Civil cases that are worth $7,500 or less if you are filing as an
individual. If a business is filing, the claim must be $5,000 or less. You can’t have a lawyer. The
people in the case (called the parties)
represent themselves.
-
Probate
Cases:
Cases about taking care of people and their personal affairs. For example:
-
What Are Civil Court cases?
Civil Court actions:
You file
your case, or "action"
in Civil Court if you think you’ve been hurt, financially or physically.
When you are hurt physically or financially, it’s usually called a "tort".
The Civil Court deals with things like car accidents, and contract
disputes.
There are other kinds of cases in Civil Court, too.
Civil Court cases are divided into sections, depending on how much
they’re worth. If your case is worth:
- $5,000 or less (if you are filing as a business), you can file your lawsuit in Small Claims
Court. (Small Claims Court section of
this website.)
- $7,500 or less (if you are filing as an individual) you can file your lawsuit in Small Claims
Court. (Small Claims Court section of
this website.)
- $25,000 or less, you can file it in a court called a “Limited Jurisdiction
Superior Court”.
- More than $25,000, you can file in a court called an “Unlimited
Jurisdiction Superior Court”.
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How Civil Court works:
If you file a Limited or Unlimited Jurisdiction case in Superior Court,
there are 6 steps:
Prefiling:
Prefiling starts when you get hurt. (See "Things to Think About Before You
Sue.") There are a lot of things to do to get ready before you file a
lawsuit.
Filing:
Filing starts when you fill out your papers to start a Court action. After
you file your papers, you have to wait for the other person to default
or answer.
Discovery:
Discovery starts 30 days after the other person answers. This is when you
and the other person exchange information and learn about the strengths
and weaknesses of your case.
Pretrial:
If you can’t settle your case, pretrial starts about 90 days before your trial.
This is when you get ready for the trial. This is when you make decisions,
like if you need an expert witness, and have settlement
conferences with the judge.
Trial:
Your trial can last 1 day or many months. It depends on how complicated
the case is.
Post-Trial:
This means after the trial. This is when you can appeal
or collect your judgment.
Remember: If you don’t have a lawyer, you’ll have to act as your lawyer.
You have to know the laws and court procedures. If you don’t, you can get
in trouble. You can lose your rights.
The court won’t make you hire a lawyer. But if you don’t, you have to deal
with every part of your case by yourself. The judge or the other person’s
lawyer can’t help you.
You can find the court’s rules, laws, and procedures in:
Read these resources before you start. You can get them at your local
law library and online. (See
Resources.) top of page
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- Do I need a lawyer?
 Generally,
yes. There are a lot of good reasons to have a lawyer:
- Lawyers know the law. They know the ins and outs of the
little things that can confuse you if you are not used to them.
- Lawyers know what to do when the other side doesn't
"play fair". They know when that happens (it's not always clear).
- Lawyers know about the judges, and how they like to run
their courtrooms. They know if you should ask for a jury trial,
or a Court trial.
- Lawyers know juries – what juries are like, if you’ll be
a "likeable" plaintiff
(this is very hard to figure out), and what a jury will likely do in
your case.
- A lot of lawyers have gone through this hundreds,
sometimes thousands, of times. It's the lawyer’s job. Some do it 12
hours a day. It takes a lot of time and money to file a lawsuit. Even
for a lawyer, it can be hard emotionally.
But, there are some reasons not to hire a lawyer:
- You won’t win just because you have a lawyer.
- Lawyers can be very expensive.
- Lawyers don't always do the right thing. They can make mistakes.
They are usually very busy.
- What is a Guardian ad litem?
If you are under 18, you need something called a “Guardian ad litem”.
This is usually a parent or legal guardian.
"Guardian ad litem" means "guardian for the lawsuit". To get one you just
have to fill out a Court form.
- Where to go for help?
Click here for the civil resources page.
- How can I solve this without going to Court?
Contact the other party. Or contact their lawyer. Ask them to negotiate
so you can settle the case without going to trial. If that doesn’t work,
try a mediation program in your community. Here are some of the programs
that can help you settle:
- Office of Human Relations, a County program
(408) 792-2300
- Project Sentinel (for problems with housing in
Sunnyvale)
(408) 720-9888
- Los Altos Mediation Program
(650) 949-5267
- Santa Clara County Bar Lawyer Referral Service
(408) 971-6822
- Palo Alto Mediation Program
(650) 856-4062
- Pro Bono Project (for family problems)
(408) 998-5298
- Campbell Rent Mediation
(408) 243-8565
- Mountain View Mediation Program
(650) 960-0495
- Legal Aid Society
(408) 283-1540
Or, look in the phone book under "Mediator".
The court also has a list of Alternate Dispute Resolution (ADR)
mediators. Go to the
ADR section
of the court's main website.
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